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(영문) 춘천지방법원 원주지원 2013.03.26 2013고단77
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. On October 201, 201, the Defendant stated in the facts charged that “The Defendant is a stokeer, such as finding the victim D at night and making a telephone at night. Naly, the Defendant is a stokee who assaults to the male and female students.”

However, there was no fact that the victim did so so, and there was no fact that there was violence against the defendant or the defendant's South dynamics.

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

2. Determination and conclusion are crimes falling under Article 307(2) of the Criminal Act that cannot be prosecuted against the victim’s will under Article 312(2) of the Criminal Act. According to the written agreement (Withdrawal) written by the victim, it is apparent that the victim withdraws his/her wish to punish the defendant on January 15, 2013, after the institution of the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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