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(영문) 서울중앙지방법원 2015.05.27 2014고정5399

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is that the defendant is a resident living in the victim C and Jongno-gu Seoul Metropolitan Government D apartment, and there was a hostile appraisal in relation to each other due to differences in opinions at the meeting of the residents of Pyeongtaek apartment and senior citizens, and that on January 22, 2014, around 16:00, the defendant publicly damaged or damaged the victim's reputation by publicly stating that, in the order of the residents' proposal to the head of the Gu, the victim is referred to as "on the senior citizen party, the chairperson (victim) went back to the multi-level marketing place with the senior citizens' members," while the victim did not illegally paid a scholarship or interfere with the payment of salaries at the meeting of the apartment committee."

This is a crime falling under Article 307(1) and (2) of the Criminal Act that cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. According to the records, the victim C expressed his/her intention not to be punished against the defendant on April 7, 2015, which is after the prosecution of this case.

[On the other hand, although the victim C presented a letter of withdrawal of non-acceptance of punishment on May 11, 2015 that the victim would withdraw the above expression of intention to punish, in a case where the victim could not institute a prosecution against the clearly expressed intention of the victim, it may not be revoked again unless the victim withdraws his/her wish to punish clearly and clearly to the court (see Article 232(2) and (3) of the Criminal Procedure Act). Therefore, the above withdrawal is invalid pursuant to Article 327(6) of the Criminal Procedure Act.