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(영문) 인천지방법원 2013.04.05 2013고정1203
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant:

A. From the end of February 2012, 2012, with respect to the victim D who was in dispute with the above lending problems at the office of the Incheon Strengthening-gun B Loans A, 102, at the end of February 3, 2012, “D is a mulberry dispute”;

B. At around 20:04, April 14, 2012, the above A

BB lending referred to as “D mulberry” to F and G who were in company with E during telephone conversations with E residing in No. 202 of the Dong-dong 202.

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

2. We examine the judgment. 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, the victim D can be acknowledged as the fact that the victim D withdraws his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.

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