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(영문) 대전지방법원 서산지원 2015.02.05 2014고단549
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

On December 16, 2013, the Defendant was a person who worked as an instructor at the E Art Research Institute located in Seosan City, and around 13:00 on December 16, 2013, the victim F (39 years of age), G, instructors H, I, and parents of the said E Art Research Institute at the said E Art Research Institute. The Defendant committed an indecent act by the victim, such as putting the victim’s son at the math of the JJ of the female student who was enrolled in the said said Art Research Institute for three years, or admitting the face after other female students, although the victim did not have committed an indecent act, the Defendant stated that “The victim took son at the math of the female student in the education institute class of the said Institute for three years before 3 years, and took her face behind other female students, and took her face.”

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

Judgment

The facts charged of this case are crimes falling under Article 307 (2) of the Criminal Act and cannot be prosecuted against the victim's express intent under Article 312 (2) of the Criminal Act. According to the records, the victim can be acknowledged as having expressed his/her intention not to punish the defendant to this court on January 20, 2015, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327 (6) of the Criminal Procedure Act and it is so decided as per Disposition.

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