beta
(영문) 창원지방법원 2015.05.01 2015고단431

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the president of the resident representatives’ meeting who entered the B Apartment in Kimhae-si.

On November 5, 2014, at the meeting room of the second floor of the above apartment management unit around 19:30, the Defendant damaged the reputation of the victim by publicly pointing out the following facts: “Around November 19, 2014, the Defendant was trying to allow the victim C to attend the meeting of the representative meeting on the ground that 8 representative is present and 5 residents are present. On the other hand, at the meeting of the said apartment management unit, the Defendant tried to allow the victim C to be present at the meeting of the representative meeting.”

2. The facts charged in the instant case are the crimes falling under Article 307(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act.

According to the records, it can be recognized that the victim has withdrawn his previous wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.