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(영문) 부산지방법원 동부지원 2019.07.10 2019고단504
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is between the Defendant and the Victim B.

On March 13, 2019, the Defendant, at around 14:56, damaged the reputation of the victim by openly pointing out false information to FF staff H of the victim, who was called “B body Gababab,” referring to the victim, who was called “B body Gabab,” by going to F, a corporation with public telephone (E), even though he was not aware of the victim at all, even though he was not aware of the victim.

B. On March 13, 2019, the Defendant, at around 14:58, damaged the reputation of the victim by openly pointing out false facts to the employees of the above I, who called “I’s staff with severe wind”, who was called “I’s staff member with severe wind,” by putting a phone (K) to a J hotel work for the victim’s his/her father at a public telephone (E), although the victim was not aware of the wind, and the victim was not aware of the wind.

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 pursuant to Article 312(2) of the same Act.

However, the record reveals that on June 10, 2019, after the prosecution of this case, the victim did not want the punishment of the defendant, it can be acknowledged that the agreement and the application for non-prosecution of punishment received in this court. Accordingly, the victim has withdrawn the wish to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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