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(영문) 광주지방법원 2019.01.08 2018고단4428
명예훼손
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant and the injured party B are students attending the first year of a university. A.

Around April 2018, the Defendant said that “the first-year B and sleep,” among three restaurants located in Gwangju Northern-gu C, including D, the motive of the above university.

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

B. On July 2018, the Defendant called “B” to F, a motive for the above university, at the Defendant’s home located in Gwangju Dong-gu, Gwangju Dong-gu, stating that “B is a panty partnership within the house.”

However, the victim had a sexual intercourse with the defendant around April 2018, but there was no sexual intercourse since May 2018, and there was a separate male-friendly Gu, which was under the direction of the defendant, and therefore was not a relationship with the defendant for the purpose of sexual intercourse, and there was no clothes of the defendant at the victim's house.

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

C. Around August 8, 2018, the Defendant was asked to the effect that “the Defendant and B am slick at the same university axis-dong student in the same university room with approximately 30 students at the same university mouth-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter referred to as “the Defendant and B am slick at the other female slick’s slick?” from the above university’s line on the name unwritten.

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

2. The facts charged of the judgment shall not be prosecuted against the clearly expressed will of the victim in accordance with Article 312(2) of the Criminal Act, as an offense falling under Article 307(1) or (2) of the Criminal Act.

However, since the victim submitted a written agreement on January 8, 2019, which was after the prosecution of this case, and withdrawn his/her wish to punish the defendant, the prosecution is dismissed in entirety pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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