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(영문) 대구지방법원 서부지원 2014.11.28 2013고정1066
명예훼손
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Facts charged;

A. From around 10:00 on March 25, 2013 to 17:00 on the same day, the Defendant: (a) caused a person who was unable to know the names in front of the victim D’s “D” fathers and members operated by Daegu Suwon-gu Da to conduct a gold operation on July 21, 2009; (b) was unable to lead a normal couple’s life due to sexual disorder; (c) was unable to lead a normal couple’s life by blocking the inner side of the quality; (d) even if the Defendant performed several re-operations, the Defendant did not look at the patient’s skin part of the patient, but did not recognize his own negligence; and (d) took part in a demonstration with the statement stating that “A’s name is covered by conscience.”

B. The Defendant, from around 10:30 on the 26th day of the same month to around 16:00 on the same day, had a person who was unable to know the above name before the above member of the Council take the sket stating the above contents and conduct demonstration.

However, on July 22, 2009, a criminal complaint was filed against a victim on the ground that the defendant had been subjected to the said member's surgery, but there was no objective data to determine the existence of the victim's negligence in relation to the above surgery, such as where the case was not suspected of being found due to the reason that the victim's negligence was not recognized.

Accordingly, the defendant has damaged the reputation of the victim by disclosing the fact that the defendant had not been openly confirmed.

2. Each of the facts charged in the instant case 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. According to the records, the victim D submitted a written complaint to the effect that he/she withdraws his/her wish to punish the Defendant on November 25, 2014, after the institution of the instant indictment. Thus, all of the instant indictments are dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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