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(영문) 의정부지방법원 고양지원 2014.10.29 2014고단1948
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. On February 2012, the summary of the facts charged, the Defendant injured the victim’s reputation by openly pointing out false facts by stating that “B is living together with his/her father and mother,” to C affiliated with the same office, although there was no fact that the victim B had living with his/her father and mother.”

2. 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) of the Criminal Act. According to a written agreement bound in the trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the Defendant on or before July 23, 2014, which is the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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