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(영문) 서울북부지방법원 2015.02.03 2014고정454

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. On April 30, 2013, the Defendant: (a) at the Women’s Meeting room in Dongdaemun-gu Seoul apartment complex, Dongdaemun-gu, Seoul; (b) the victim D, the representative of the aforementioned apartment occupant, had not arbitrarily used KRW 2 million out of the representative meeting’s operating expenses in contact with the entertainment drinking house in the said apartment house; (c) among the women’s president E, vice-chairperson F, general affairs G, etc., the Defendant damaged the victim’s reputation by openly pointing out false facts by stating that “the victim used KRW 2 million out of the operating expenses, was drinking at a drinking house emitting female workers; and (d) the Samsung Heavy Industries, the contractor of Samsung Heavy.”

2. The facts charged in this case are 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. According to the written withdrawal of complaint filed in the records, the victim D expressed his/her intention not to be punished against the defendant after the prosecution of this case. Thus, the prosecution against the above defendant is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.