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(영문) 인천지방법원 2015.04.07 2015고정279
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

On March 20, 2014, when the Defendant received consent from E stores operated by D on March 20, 2014, the Defendant damaged the victim’s reputation by openly pointing out false facts by publicly pointing out that “F has embezzled public funds and received criminal charges.”

On March 29, 2014, the Defendant damaged the reputation of the victim by openly pointing out false facts by stating that “F was punished by embling Korean electrical power personnel and fake electric power personnel by embling them and embling them,” without any reason, at the above place, at the same time and without any reason.”

Judgment

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). On April 6, 2015, the victim explicitly expressed his/her intention not to punish the defendant in this court.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act, since the prosecution procedure is invalid in violation of the provisions of law.

It is so decided as per Disposition for the above reasons.

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