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(영문) 울산지방법원 2014.01.21 2013고정1325
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, at around 11:00 on January 24, 2013, the facts charged, at the D office located in Yangyang-si, Yangyang-si, the Defendant: (a) did not send a abusive text message to the Defendant; (b) even though the Defendant was able to handle the phone number of the person sending his/her abusive text message to him/her, as if he/she sent the said victim by modifying the phone number to the victim’s phone number; (c) however, the Defendant displayed a text message that he/she sent to the said victim while three employees, such as the above D Chairperson, were heard, and sent a text message that he/she sawd as if he/she was sent; and (d) the Defendant, “E was dead of disability, and deprived of all qualifications of E,” thereby impairing the honor of the victim by openly pointing out false facts by sound for about one hour.

2. The facts charged in the judgment above is an offense falling under Article 307 (2) of the Criminal Act and shall not be prosecuted against the express will of the victim under Article 312 (2) of the same Act.

However, on January 15, 2014, after the filing of the instant indictment, the victim submitted a written withdrawal of complaint to withdraw his/her wish to punish the Defendant.

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

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