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(영문) 인천지방법원 2017.06.15 2016고정2450
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant was in violation of the Act on the Control of Narcotics, Etc. around March 30, 2010, and around October 24, 2010, the victim C was in the custody of Incheon detention center.

On November 2010, the Defendant injured the victim’s reputation by openly pointing out the fact that “The Defendant committed rape and assaulted the wife F in a group of F in capital reduction C, D, and E,” at the waiting room for the meeting room of the Incheon Nam-gu Incheon Metropolitan City Education-Support Center, which is located in the Nam-gu Incheon Metropolitan City.”

2. The facts charged in the instant case are the crimes falling under Article 307(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act.

In doing so, it is recognized that the victim C was present as a witness at this court on May 11, 2017, which was after the prosecution of this case, and the victim C withdrawn the fact that the victim expressed his/her intent not to punish the defendant or the wish to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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