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(영문) 춘천지방법원 강릉지원 2019.08.20 2019고정117
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. On November 21, 2017, the Defendant sent a text message to F, the author of the E, who produces the program called “D” broadcasting from the 2nd floor of Gangseo-si building, the second floor, and the “C” channel, as the receiver, the Defendant sent a photograph of content certification as of November 20, 2017, which was prepared by the Defendant as the receiver, to the victim, and the Defendant, the sender and the obligee, as the obligee, requested the Defendant to submit a document of content certification as to the Defendant’s monetary payment, etc. on the ground of the above judgment. The above content certification was that the Defendant, the sender and the obligee, was the victim of the Chuncheon District Court (the case involving several cases such as violation of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc., obstruction of duties, obstruction of performance of duties, defamation, defamation, threat, minor crime, etc.).

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

2. The case shall not be prosecuted against the clearly expressed will of the victim under Article 312(2) of the Criminal Act as an offense falling under Article 307(1) of the Criminal Act.

According to the letter of withdrawal of the victim's complaint submitted to this court on August 1, 2019, which was after the institution of the instant indictment, the victim expressed his/her intent not to punish the defendant.

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

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