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(영문) 수원지방법원 여주지원 2017.04.25 2017고정29
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. On June 16, 2016, the Defendant: (a) accessed the Internet page by cell phones B 506; (b) and (c) made and posted a statement on the victim C (26 years old, South)’s page, “Isky and wind CC,” and “Iskdo of hearing the reasons why he/she has divorced from the previous disposition.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

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

In this regard, according to the written agreement for the preparation of the victim which was bound in the trial records, the victim can be acknowledged on January 6, 2017, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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