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(영문) 광주지방법원 2015.09.09 2015고단1844
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. On March 19, 2015, the Defendant: (a) obtained the right to speak from the presiding judge to deliberate on a case in violation of the Act on the Regulation of Unauthorized Receipt of Claims to B, etc. at the Busan High Court, Law No. 301, the Busan High Court located in 31, the Busan High Court; and (b) C has damaged the reputation of the victim by openly pointing out false facts by stating, “C and its wife F had been engaged in solicitation of D Farming Corporations managed by the above B and received money from B, although there was no fact that the Defendant did not engage in activities as solicitation of D Farming Corporations, and even though there was no fact that he received money from B, the Defendant reported several hundreds of visitors E, etc.

2. We examine the judgment. The facts charged of this 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 According to the records, C can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on September 9, 2015, which is after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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