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(영문) 대구지방법원 김천지원 2015.12.10 2015고정232
명예훼손
Text

Each public prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. At around 17:30 on September 29, 2014, the Defendant damaged the honor of the victim by openly pointing out false facts by stating that “G is a petant relationship with D, D lives together with several days at the house of the Gu, Si, Si, si, 301 Dong 202, and D, where the wife of the said D et al. came to the Defendant’s her husband to find the Defendant’s her husband and D with their her husband.”

B. At around 17:00 on November 17, 199 of the same year, the Defendant damaged the reputation of the said victim by openly pointing out false facts by stating that “G is in a relationship with D and pets,” at the same place where two members of the same club, such as J, etc., are members of the same club.”

2. The facts charged in the instant case are crimes falling under Article 309(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 According to the records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on November 30, 2015, after the institution of the instant indictment. Thus, the decision is made in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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