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(영문) 서울중앙지방법원 2021.03.25 2020고단8602
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. On March 6, 2020, the Defendant was guilty of having committed a crime, a criminal record, and a fine of one million won on the part of the victim D while the Defendant was coming to and from the fourth floor toilets of the Dongjak-gu Seoul Metropolitan Government, and the toilets and corridors and the staff of the C Co., Ltd and other companies on the toilets and corridor.

So far, the Disciplinary Committee shall not have been involved in it.

“The victim’s reputation was undermined by openly pointing out facts.”

2. The facts charged in the instant case are crimes falling under Article 307(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 312(2) of the same Act.

According to the records, the victim D can be acknowledged to have withdrawn his/her wish to punish the defendant on October 20, 2020, which was after the prosecution of this case, through a written application for punishment (agreement) on October 20, 2020. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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