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(영문) 서울중앙지방법원 2019.05.31 2019고정995
명예훼손
Text

The indictment against the Defendants is dismissed.

Reasons

1. Defendant B, in common with Defendant A in a de facto marital relationship with Defendant A, refers to the Victim F in Gangnam-gu Seoul at the end of November 2016, referring to the victim F in the presence of Gangnam-gu Seoul, E, etc., and the fact that the victim did not have a sex relationship with G and motor vehicles, despite the fact that the victim did not have a sex relationship with the G and motor vehicles, Defendant A refers to “F was in a low-year, in the inner part, and in the aftermath and in the Kaba, there is no good,” and Defendant B engaged in the same, and Defendant B thereby damaged the victim’s reputation by openly pointing out false facts.”

2. Determination is an offense 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.

However, according to the records of this case, the victim may recognize the fact that he/she had withdrawn his/her wish to punish the Defendants on May 8, 2019, after the institution of the prosecution of this case.

Therefore, the public prosecution against the Defendants is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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