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(영문) 수원지방법원안산지원 2020.09.15 2020고단2425

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

The defendant has been working as the Dong representative of the member-gu B apartment in Ansan-si as a licensed real estate agent.

On May 2, 2019, the Defendant prepared a written request for dismissal that “The victim C, the chairperson of the council of occupants’ representatives of the above apartment, has not received illegal money or other valuables in relation to the construction work, such as re-building of the above apartment, even though there was no fact that the victim C, who is the chairperson of the council of occupants’ representatives of the above apartment, has received illegal money or other valuables in relation to the construction work, such as re-building of the apartment, and submitted it to the above apartment election commission by attaching the signature of

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

2. The above facts charged 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. Since the victim expressed his/her intention not to be punished against the defendant on September 15, 2020, which was after the prosecution, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.