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(영문) 서울북부지방법원 2016.01.19 2015고정2712
명예훼손등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant in the facts charged is the managing director of Dongdaemun-gu Seoul Metropolitan Government B building and the victim C (V, 62 years old) is the actual lessee of the fourth floor of the above building, and the Defendant demanded the victim to pay the premium of KRW 50 million additionally or transfer of shares equivalent to the same amount, but the victim is aware of the fact through the management system.

(2) the Commission may refuse.

1. The Defendant of defamation at around 14:00 on April 16, 2015, damaged the reputation of the victim five times in total, as shown in the attached Table 1 table of crime, between around 16:30 of the same month and around 29:30 of the same month, the Defendant, inasmuch as the victim did not have acquired money by deception with male, he was the victim’s 5 persons, such as the managing director D, in the absence of the fact that the victim had acquired money by deception, thereby opening the money. The Defendant: (a) was the victim’s dump, “the same year as the bit of bitch, the same year, the other male; (b) would have known the bit of bitch; (c) would have opened the money; and (d) the victim’s reputation by openly pointing out false facts and impairing the victim’s reputation by openly pointing out false facts.

2. On April 28, 2015, the Defendant, at the call text office located on the fourth floor of the above building on April 28, 2015, removed money from the victim’s “any other male and female,” and the Defendant would not find four husbands of the racing day.

“The same month from that time, such as intimidation of the victim”

4. From around 16:30 on September 29, 200, the victim threatened the victim two times in total, such as the Second Schedule of Crimes.

2. Determination

A. Defamation part

(i) Crimes of non-violation of Intention (Article 312(2) of the Criminal Act);

r. Withdrawal of wish to punish C after the prosecution of this case

Article 327 of the Criminal Procedure Act (Article 327 of the Criminal Procedure Act)

B. Intimidation part

(i) Crimes of non-performance of will (Article 283(3) of the Criminal Act);

r. Withdrawal of wish to punish C after the prosecution of this case

Article 327 of the Criminal Procedure Act (Article 327 of the Criminal Procedure Act)

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