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(영문) 인천지방법원 부천지원 2016.06.07 2015고정1168

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the regular business of E Co., Ltd. in Kim Jong-si, and the victim F is the representative director of G Co., Ltd.

On November 28, 2014, at the above E office around 15:00, the Defendant called the victim’s transaction partner I to the director of HH corporation, Inc., the victim’s transaction partner, and the fact is not under the situation where the victim’s company is not bound by criminal appeal due to the scheduled date of default or the victim’s intentional default. However, the Defendant’s provisional attachment against the “G is scheduled for the date of default.”

“In May 2014, the victim intentionally defaulted but was at the time.”

“A victim is expected to be bound by the next State after the filing of a criminal complaint.”

“.....”

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

2. Determination

(a) Applicable legal provisions: Article 307(2) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 312 (2) of the Criminal Act.

(c) Submission of a written withdrawal of complaint to the effect that around June 3, 2016, the victim’s wish to punish him/her was withdrawn;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;