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(영문) 서울동부지방법원 2013.06.28 2013고정1260
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. Around 17:00 on April 15, 2013, the Defendant injured the victim’s reputation by openly pointing out the facts that “D had a large number of criminal records and fines,” while maintaining the victim D (year 42) who is a company partner and multiple employees, including the chairperson of the trade union, at the office of the trade union located in Gangdong-gu Seoul Metropolitan Government (State).”

2. The judgment is a crime falling under Article 307(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. According to the records, the withdrawal of a complaint stating the victim’s expression of intent not to punish the defendant on June 17, 2013, which was after the prosecution of this case, was submitted to this court. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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