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(영문) 수원지방법원 2014.01.28 2013고단6459

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

가. 2013. 2. 명예훼손 2013. 2. 중순경 수원시 영통구에 있는 C 아파트 경비실 앞에서 사실은 위 아파트 임대차대표회의 회장인 피해자 D이 LH공사로부터 위 아파트의 복도샷시 공사에 따른 뇌물을 받은 사실이 없음에도 불구하고, 다수의 아파트 주민들이 있는 자리에서 "D이 LH공사로부터 복도샷시 공사에 따른 뇌물을 받았다"라고 말함으로써 공연히 허위사실을 적시하여 피해자의 명예를 훼손하였다.

B. On July 1, 2013, 2013, the facts in front of the above apartment 603 following the Defendant’s 603 second order of the apartment 2013, which had not embezzled the expenses for the separate collection of the expenses for the operation of the leased representative association and advertising fees, and despite the existence of the account book for the above operation expenses, the Defendant’s reputation was damaged by openly pointing out false facts by stating that “D purchases and enters one motor vehicle, which was gathered with profits from separate collection, personally, and uses advertising fees on the elevator wall for personal use.” D is not a personal use of operating expenses without the account book.” 2) Despite the fact that the victim used the expenses for the business of the president of the lease representative association each month in excess of KRW 200,000,000,000,000,000,000,000 won per month, in the presence of many apartment residents.”

2. Each of the facts charged in the instant case is a crime 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 same Act. The victim expressed his/her intent not to be punished by submitting a letter of revocation of complaint after the institution of the instant case.