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(영문) 서울중앙지방법원 2013.08.19 2013고정2723
명예훼손
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged against the Defendants: (a) around 10:31 on January 31, 2013, the Defendants conspired with the public service center of the Jung-dong District Court in the Dong Government-si District of 10:31, 201; (b) Defendant A damaged the victim’s reputation by openly pointing out false facts, stating that “D is only a signboard, and without permission.” (c) as a large interest, Defendant A may be put in the door of the mamamady; and (d) Defendant B “a group of the two children. It may be put in the door of the mady”; and (d) Defendant B damaged the victim’s reputation by openly pointing out false facts.

2. Determination is an offense falling under Article 307(2) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act.

According to the statement in the petition of withdrawal of complaint submitted on July 8, 2013, the victim clearly withdrawn his/her wish to punish the Defendants on July 8, 2013, which was after the indictment of the instant case was instituted. Thus, all indictments against the Defendants are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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