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(영문) 서울남부지방법원 2015.01.26 2014고단4853
명예훼손등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On July 2, 2014, from around 09:00 to around 09:30, the Defendant told the victim E to “Oiss Aphkhkhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

However, in fact, D, the president of the victim and the employees of the above company, was only the business relationship between the president and the employees, not the other relationship.

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

B. The Defendant assaulted the victim E (the age of 29) on the same date and time, at the same place as the Defendant used the victim’s left part by hand with the defect of the resistance.

2. The facts charged in the 1st A of the judgment are crimes falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 312(2) of the Criminal Act. The facts charged in the 1th of the judgment are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act. The victim submitted “agreement and withdrawal of complaint” to the effect that he/she does not wish to punish the defendant to the court on December 2, 2014, which is the date of the instant indictment. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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