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(영문) 인천지방법원 2021.03.17 2020고단10975
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is a victim B and a person related to the same middle school.

A. On November 16, 2019, the Defendant stated that “B shall report sexual assault to the Ministry of National Defense and report it to a school,” while drinking E, F and alcoholic beverages at D main points located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

However, the victim did not know the above facts to the defendant.

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

B. On February 29, 2020, the Defendant sent a phone to E at the 01:29 Incheon Flux, and said, “The Defendant fluently told E that he would be able to make a fluoral sexual assault at the Ministry of National Defense, and that his fluoral, however, he reported to the Ministry of National Defense on the fluoral fluoral fluoral fluor, and reported to the Ministry of National Defense on the fluoral fluoral fluoral fluor, and made it close to the degree of a fluoral fluoral fluor, and made it hot.”

However, the victim did not know the above facts to the defendant.

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

2. Determination: Dismissal of public prosecution;

(a) Applicable legal provisions: Article 307(2) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 312 (2) of the Criminal Act.

C. On January 5, 2021, after the prosecution of this case, a statement of withdrawal of complaint filed by the victim stating that the victim does not want punishment against the defendant is presented to this court.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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