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(영문) 의정부지방법원 2013.07.24 2013고정1420
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. On January 18, 2013, the Defendant: (a) prepared a document in the first half of the fourth half of the fourth half of the year D 2012 stating, “The newspaper’s title “D 2012 E company F pending issues,” “The one having a criminal record of being subject to a fine due to interference with business affairs (Interference with business affairs 2012 high-level 1319) with respect to our company,” using a computer at the office operated by the Defendant in the Gyeonggi-gu Gyeonggi-gun, Gyeonggi-do; and (b) sent the document to 72 persons, including G, by registered mail, from the family post office located in the Bupyeong-gu, Gyeonggi-gu, Gyeonggi-do.

Accordingly, the defendant damaged the reputation of the victim F by openly pointing out facts.

2. The facts charged in this case are crimes falling under Article 307(1) of the Criminal Act, and cannot be prosecuted against the victim's will specifically manifested pursuant to Article 312(2) of the same Act. According to the records, the withdrawal of the lawsuit and the fact that the written agreement was submitted on July 24, 2013, which was after the institution of the prosecution in this case, to the effect that the victim would not want the punishment against the defendant. Thus, the prosecution in this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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