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(영문) 대구지방법원 김천지원 2017.04.21 2017고정104
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. On January 7, 2017, the Defendant: (a) at the community hall located in Kimcheon-si B (name), Kimcheon-si, Kimcheon-si, (b) around 14:00; and (b) notwithstanding the fact that the victim D has not reported with respect to illegal buildings of village residents E, the Defendant, despite that there is no fact that the victim D has reported with respect to the illegal buildings of village residents E, she would have suffered damage by Dong Ne-resident E on the wind of the village residents’ 10 people’s view.

“The honor of the victim was damaged by openly pointing out false facts.”

2. The facts charged in the instant case are crimes falling under Article 307(2) of the Criminal Act.

According to Article 312 (2) of the Criminal Code, the above crime cannot be prosecuted against the victim's explicit intent.

In this regard, according to the written agreement bound in the trial records, the victim D withdraws his/her wish to punish the defendant on March 2, 2017, which was after the prosecution of this case.

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

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