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(영문) 청주지방법원 제천지원 2019.06.20 2019고정2
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a husband who is a divorce action with the victim B.

around August 2018, the Defendant damaged the honor of the victim by openly pointing out false facts in the “D” restaurant located in Seocheon-si, 2018, and even though the victim did not have a divorce lawsuit because of the victim’s pregnancy of a child of another person who is not the husband, the Defendant, at the same place with three persons, such as E, “B is pregnant a baby of a male with inhumane relationship and is in the process of divorce with her husband.”

2. The above facts charged are the crimes falling under Article 307(2) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act.

On June 20, 2019, after the indictment of this case was instituted, the Defendant submitted the protocol of mediation on May 27, 2019, related civil cases (this court 2019Da30013) that contain the intent to “the injured party does not want punishment against the accused” to this court, and the submission of the said protocol of mediation appears to have been delegated by the injured party.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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