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(영문) 광주지방법원 2017.01.25 2016고정1493
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person operating convenience points, and the victim C is a victim of D.

A. On November 25, 2015, the Defendant committed the crime does not enter the house of the head of D and G with the wind, in the F kindergarten located in Gwangjubuk-gu, Gwangju, about November 25, 2015, when the son of the head of the said kindergarten and the son of the kindergarten are heard.

“To impair the honor of the victim”.

B. On December 23, 2015, the Defendant committed the crime at around December 23, 2015, at around 14:00, the family failure took place by the head of the D and K having the wind, while the Defendant heard from the front corridor of the laboratory of I elementary school teaching materials located in H in Gwangju North-gu, Gwangju, about December 14:00.

“The honor of the victim was damaged by sound invasion.”

(c)

On March 3, 2016, the Defendant committed a crime on March 3, 2016, and around 12:50 on March 3, 2016, before the I elementary school located in the North-gu Seoul metropolitan school, and the parents of students and parents of students in the I elementary school in Gwangju-gu.

The number of pages with the head of the agency shows that there are evidence.

“To impair the honor of the victim”.

2. Determination of each of the above facts charged is a crime falling under Article 307(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. It is recognized that the victim explicitly expressed his/her intent not to punish the Defendant on January 20, 2017, which is after the instant indictment.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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