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(영문) 부산지방법원 2018.04.17 2017고정2501
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, who borrowed KRW 18 million to the wife D of the victim C on February 2016, intended to obtain repayment from the husband who was her husband but did not comply with the order of the victim.

A. On July 16, 2017, around 08:20, the Defendant damaged the honor of the victim by openly pointing out a large voice, stating, “The Defendant shall not pay the amount that the victim has to pay, but shall not pay the amount that he/she has paid, i.e., the 40 mountain members at the time within the Busan E Mountain Association bus.”

B. The victim was not a member of the same mountain conference, but a member of the same mountain conference.

Nevertheless, the Defendant, while returning to the mountain, was on July 16, 2017 at around 20:0 on July 16, 2017, and the Defendant, at the time of the mountain village resting area in Young-gun, Yan-gun, Yansan-gun, Yansan-gun, where 3 and 4 members of the mountain conference were tried to board a mountain village bus at the place where she was on the place where she was on the mountain village, “n's member Fran, she was on the mountain village

"The honor of the victim was damaged by openly pointing out false facts."

2. Each of the facts charged in the instant case is a crime falling under Article 307(1) and (2) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. Since the victim has withdrawn his/her wish to punish the defendant after the indictment in the instant case, the prosecution in the instant case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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