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(영문) 서울남부지방법원 2016.07.27 2016고단1483
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is as follows: (a) even though the Defendant did not have a sexual intercourse with the victim D, the Defendant, at the Seoul Arts University E-dong corridor of the Seoul Arts University located in Ansan-si, Seoul Arts University (Seoul Arts University) as a member of the Seoul Arts University (hereinafter “Seoul Arts University E-dong University”) signed a letter to F, who was the motive of the university, “GGD and back the research institute.”

D The victim’s honor was damaged by openly pointing out false facts by stating that “a sexual intercourse was made in the red belt.”

2. Determination is an offense falling under Article 307(2) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act.

In this regard, according to the written agreement prepared by the victim D, which was bound in the trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on July 25, 2016, after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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