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(영문) 대전지방법원 2020.11.12 2020고단3065
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

On March 6, 2020, the Defendant of the facts charged in the instant case is determined and notified that Cpatients ( women, 43 years of age, and D residents) were catna or 19 training, among the medical doctors who have taken the autopsy on March 5, 202 in the building C, which was received by the Defendant’s Handphones from the Defendant’s Handphones, and that C patients ( women, 43 years of age, and D residents) were confirmed and confirmed (the result of the examination of the Health and Environment Research Institute). He would be the person involved in the attendance of the Doban dancing and notify as he obtained. He would be E apartment residents. He reported the contents, connected with the Handphone, searched the “F” account by the victim’s Handphones, and searched the “F” account.

However, even though the victim is not the cona or 19 correcter, the Defendant sent the message “Iba dancing instructors, Dratians,” along with the victim’s personal data program to H via the Kakakaox, which read, “Iba dancing instructors, and Drats,” thereby openly impairing the victim’s reputation by publicly expressing the false fact that the victim is “F instructor who is the correcter in cona or 19.”

2. The facts charged in the instant case are crimes falling under Article 307(2) 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 written agreement prepared by the victim bound in the public trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on October 30, 2020, which is after the prosecution of this case.

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

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