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(영문) 광주지방법원 목포지원 2018.01.16 2017고정484
명예훼손등
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged in this case

A. A. Around August 2016, the Defendant insultd the victim F by openly speaking “F” as “F,” in a five-person place, including E, where he/she is engaged in the gathering work at the coast of a sandy beach located in Newanan-gun, Danan-gun, Danan-gun.”

B. On December 2016, the Defendant of defamation: (a) was the E’s house located in Newanan-gun Group G before the police officer, and (b) was not used by the Victim F with the donations made by the Victim F from H; (c) was found to have received KRW 1 million from the E, J, and K in that place.

“The victim’s reputation was damaged by openly pointing out false facts by talking to the purport that “.”

2. Of the above facts charged, the indictment of this case is a crime falling under Article 311 of the Criminal Act, which falls under Article 312 (1) of the Criminal Act and can be instituted only when the victim files a complaint against the defendant pursuant to Article 312 (1) of the Criminal Act. Since the victim cancels the complaint against the defendant after the indictment of this case, Article 327 (5) of the Criminal Procedure Act is applicable. B. of the above facts charged cannot be prosecuted against the victim's express intent as a crime falling under Article 307 (2) of the Criminal Act. Since the victim withdraws his intention to punish the defendant after the indictment of this case, the prosecution of this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act and it is so decided as per Disposition.

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