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(영문) 의정부지방법원 고양지원 2019.07.19 2019고정346

명예훼손

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is a person who was expelled from the above B on December 20, 2018, and the victim C was elected in the above election and is the B Chairperson at the time of election.

On December 4, 2018, the Defendant, around December 2018, up to December 4, 2018, opened a tape recording file with the purport that “the victim is drinking with women at a mountain conference and is not drinkingly and inappropriate,” the Defendant was allowed to listen to all other parties to the said conversation, by accessing the Internet judicial body rooms rooms where members, including members F, G, H, I, etc., are the other party to the conversation, in the dwelling of the Defendant in Goyang-dong-gu, Mang-si, Mang-si, P, Go, etc.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

B. On December 29, 2018, the Defendant sent text messages to 72 persons, including the above Defendant’s residence, and the cell phone B and the entire members L, etc., including “the victim met and made intimidation against the denial of sexual harassment and resignation.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

2. Each of the facts charged in the instant case is a crime falling under Article 307(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. Since a written withdrawal of a complaint from the victim’s name that contains the victim’s intent not to punish the defendant after the instant indictment was submitted, all of the facts charged in the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.