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(영문) 제주지방법원 2016.01.22 2015고정815
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the victim C and friendly relationship with the victim C, and a person who was living together for about six months with D and above.

On April 2014, 2014, the Defendant: (a) while making a dispute with F with F in relation to the election of village head in the place where seven village residents, such as F and G, are gathered at the place of residence of D in Jeju Island E; (b) whether the Defendant “F is inside the Republic of Korea?”

D If her sexual intercourse was requested, but it was refused to do so, her sexual organ as soon as possible.

D, as we refuse to do so, D was well omitted, and it was called why it is why it is why it is not.

“The honor of the victim was damaged by publicly alleging the fact.”

2. The facts charged of this case are crimes falling under Article 307(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. According to the records of this case, it can be acknowledged that the victim expressed his intent not to punish the defendant by submitting a written withdrawal of the complaint and a written agreement after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed under Article 327(6) of the Criminal Procedure Act.

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