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(영문) 부산지방법원 2015.08.10 2015고정2673
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. Around February 22, 2015, the Defendant injured the victim’s reputation by openly stating the fact that “At the end of six months of imprisonment, the period of stay of execution, the period of lodging, and the other party’s reputation, regardless of the need for criminal law,” the Defendant had attended the 17 members, including D executive officers, at the cafeteria of the first floor of the Cmiddle School in Busan, Jin-gu, Busan, by openly pointing out the fact that “At the end of six months of imprisonment

2. The above facts charged are crimes 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. According to the records of this case, it can be acknowledged that the victim E submitted “written withdrawal of a complaint and written agreement” after institution of a prosecution and expressed his/her intent not to punish the defendant. Thus, it is so decided as per Disposition by the dismissal of the prosecution of this case pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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