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(영문) 서울남부지방법원 2017.12.13 2017고단2008

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

Summary of Facts charged

1. The Defendant, around December 27, 2016, at around 14:00, had five to six employees in the course of dialogue with D in the Yangcheon-gu Seoul apartment management office for Yangcheon-gu Seoul Metropolitan Government apartment complex management. “E was subject to a fine of one million won.

“The honor of the victim E was damaged by publicly alleging a fact with a large voice.”

2. On December 28, 2016, at the above management office around 16:30 on December 28, 2016, the Defendant: (a) among five to six employees, the mother F.m. filed a complaint against the Defendant to “in f.e., a fine not exceeding one million won, and the Defendant filed a complaint to the court; and (b) filed a fine not exceeding four million won.

“The honor of the victim E was damaged by publicly alleging a fact with a large voice.”

3. On December 30, 2016, the Defendant: (a) around 14:00 on December 30, 2016, the Defendant made an examination on the victim’s home at No. 1408, 404, 504, the Defendant, and (b) considered why G, a child of the victim, made an examination on the victim’s home, and (c) was why our mother would have taken part in the examination.

The victim E’s reputation was damaged by openly pointing out a fact with the large sound.

However, the facts charged in the instant case constitute a crime falling under Article 307(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2) of the same Act.

According to the agreement submitted to this Court on December 13, 2017, the victim may withdraw his/her wish to punish the defendant after the institution of the instant indictment and recognize the fact that such intent is expressed in this court.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.