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(영문) 대구지방법원 영덕지원 2015.01.28 2014고정89
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. On March 26, 2014, at around 16:12, the Defendant posted an article in the facts charged that “G” was an online newspaper “D” bulletin board using a computer installed at one’s home located in Ulsan-gun, Ulsan-gun 201, and then posted an online newspaper on March 21, 201, in the name of the author “G” in the name of “E-won MabC Radio Interview” (No. 54 “W,” and “F” (hereinafter “W”), which read “G’s origin difficult to start due to difficult cause.”

Accordingly, the defendant damaged the honor of the victim E by pointing out false facts.

2. We examine the judgment, and the crime of defamation as stated in the above facts charged cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. According to the records, the victim prepared a written agreement that the victim would not want the punishment of the defendant on January 16, 2015, which is after the prosecution of this case. Since the above agreement is recognized to have been submitted to this court on January 20, 2015, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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