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(영문) 창원지방법원 2013.04.26 2013고단604
명예훼손
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. On June 15, 2012, the Defendant’s defamation around 24:00 on June 15, 2012, at the house of 105 Dong 401, Dong 401, the Defendant damaged the reputation of the victim by openly pointing out false facts by stating that “D went to Jeju Island with his/her family members at night, and went to go to the Home Pug at night, such as the old F, thereby going to go to the Home P, and going to go to the Home Pamp at night, even though the victim D did not go to another male, or did not go to the film.”

B. On June 17, 2012, the Defendant, at around 22:00 on June 17, 2012, referred to the same content as that of the above “A” to G, H, I, and C at the house of 113 Dong, 1104, Dong 113, Dong 1104, Haan-gun, Haan-gun, Haan-gun, Haan-gun, thereby impairing the victim’s reputation by openly pointing out false facts.

2. Each of the facts charged in the instant case is an offense 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.

However, according to the letter of withdrawal of complaint and the written agreement prepared by the victim, the victim can recognize the fact that he/she withdraws his/her wish to punish the defendant on March 12, 2013, which was after the institution of the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the

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