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(영문) 인천지방법원 2016.03.23 2016고단341

명예훼손

Text

The indictment against the Defendants is dismissed.

Reasons

1. The summary of the facts charged was assaulted by the Defendants on June 24, 2015, on July 3, 2015, by the F, an appellant, who is the warden of the apartment management in the Bupyeong-gu Incheon Bupyeong-gu apartment complex, Bupyeong-gu, Incheon, without assaulting the election committee members.

There is no absence of the office without permission, and there is no fact that the voting paper was taken out, and such act was committed.

By posting the printed printed matter inside the apartment, it damages the reputation of the complainant by openly pointing out false facts.

2. The facts charged against the Defendants are the crimes falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. Since the victim expressed his/her intent not to be punished to this court on March 15, 2016, which was after the instant indictment was instituted, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.