beta
Text
The prosecution of this case is dismissed.
Reasons
1. Facts charged;
A. In June 2013, the Defendant, while proceeding with the village conference at the village hall located in the Gu, Cheongju-si, Cheongju-si, Cheongju, delivered to approximately 15 community residents, including C, D, E, a title “matters subject to the agenda of the village conference,” and presented a question that the Defendant had against the victim F, who is the head of the village office, while the residents of the above village hear, the Defendant presented the question that “F is what is the reason why the report of marriage was not made while making a marriage with the husband.”
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.
B. At around 10:00 on September 23, 2013, the Defendant: (a) opened a mentoring education course with the victim F, who is the former village manager, against I and four others, the head of the Cheongju-si, the head of the Cheongju-si, and (b) stated that “I and four people, who are the head of the Cheongju-si, are in a mentoring education course,” and “I and I are in a mentor where I and I are in a mentor.” The Defendant said that “I and I are in a way to talk with I and I, who will be in a way to whom I and I, I would like to be in a way,” and the victim said that “I and I would like to be in a way to say that I are in a mentor. I are dismissed from the office of the head of the Cheongju-si, I and I would like to be in a way to prevent it without wrapping.”
2. Determination
A. The facts charged as to defamation are crimes falling under Article 307(2) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 312(1) of the Criminal Act.
However, according to the records of this case, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on June 9, 2015, which was after the prosecution of this case. Thus, this part of the public prosecution should be dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.
B. The facts charged as to the insult are the crimes falling under Article 311 of the Criminal Act, and is in accordance with Article 312(1) of the Criminal Act.