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(영문) 전주지방법원 2013.06.26 2013고정223

명예훼손

Text

The prosecution against the defendant is dismissed.

Reasons

1. Facts charged;

A. On May 20, 2012, the Defendant injured the victim’s reputation by openly pointing out false facts on the part of the residents at the entrance of the Yasan-gu B apartment site in the front city, Jeonju-si, by stating that the victim C did not have taken the apartment management fee, and that “the former president C was paid with all the expenses, and incurred losses to the apartment residents by not paying the expenses, and not paying the expenses.”

B. On May 26, 2012, the Defendant, at around 21:00, damaged the victim’s reputation by openly pointing out false facts by publicly pointing out the following facts: (a) although the victim C did not have taken the management expenses at a meeting place in the meeting room of the apartment rooftop; (b) although the victim C did not have taken the management expenses at a low-income level, the Defendant did so.

2. The judgment is a crime 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. The records show that the victim expressed his/her wish not to punish the defendant on June 26, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.