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(영문) 전주지방법원 2019.01.08 2018고정464
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On January 25, 2016, the Defendant: (a) at the Yansan-gu B apartment management office in the Jeonsan-gu, Jeonju-si; and (b) the Defendant was detained by the victim C and went to prison.

Despite the fact that there was no fact, the head of the management office D and accounting personnel E have damaged the reputation of the victim by openly pointing out false facts by repeatedly speaking, “A person who was spebed, a person who was spebed.”

B. On January 25, 2016, the Defendant: (a) was at the Yansan-gu B apartment center at the time-to-day, Busan Metropolitan City; and (b) the Victim C was detained and went to the correctional institution.

Despite the fact that there was no fact, the elderly was heard by the elderly, and that the elderly "the CC was going to a prison," and thereby, damaged the reputation of the victim by openly pointing out false facts.

2. The judgment is the case falling under Article 307(2) of the Criminal Act, which cannot be prosecuted against the will expressed by the victim in accordance with Article 312(2) of the Criminal Act.

However, according to the records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on December 27, 2018, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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