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(영문) 서울동부지방법원 2018.07.03 2018고정216

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the Defendant, from January 2017 to June 30, 2017, who was dismissed on June 30, 2017 from office as the senior candidate of Songpa-gu Seoul apartment complex C, and the victim D is the president of the said senior candidate, and the victim E is the adviser of the said senior candidate.

The Defendant, at the domicile of the Defendant in Songpa-gu Seoul on August 1, 2017, spent KRW 875,00,00 for expenses incurred by the official exercise of the senior citizen Party in 2016. On February 2, 2017, the Defendant, who was aware of such fact, sent the said expenses to the Victim E following the resolution of the board of directors by having the relevant receipt issued by the victim D, and, on February 2, 2017, the Defendant, using the pent, deposited KRW 875,00,000 “for dispute” directly to E (the title “displacement disposition at the extraordinary general meeting of February 16, 2017) without the Chairperson’s thickness sheet.

The receipt should be prepared as soon as possible, “I will prepare to see us,” and “I will make several statements,” and there are only some receipts.

The victims entered the same as the execution of the public funds of the center for senior citizens without any grounds, and then sent a copy of the same to each address of the members of the center for senior citizens.

Accordingly, the defendant has damaged the honor of each victims by openly pointing out false facts.

2. Determination

(a) Crimes of non-violation of intention: Articles 312(2) and 307(2) of the Criminal Act;

B. On May 29, 2018, after the prosecution of this case, the victim D and E want not to be punished for the defendant.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act