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(영문) 수원지방법원 2016.05.25 2015노7484
명예훼손
Text

The judgment of the court below is reversed.

The prosecution of this case is dismissed.

Reasons

1. The summary of the grounds for appeal is that the judgment of the court below which dismissed the prosecution of the facts charged of this case is unlawful, since the victim submitted a written agreement which would not punish the defendant on November 19, 2015, which was before the date the judgment of the court below was rendered.

2. The facts charged in this case, which fall under Article 307 (1) of the Criminal Act, cannot be prosecuted against the will expressed by the victim under Article 312 (2) of the Criminal Act.

According to the records, it is evident that the victim withdrawn the wishing to punish the defendant by submitting a written agreement on November 19, 2015, which stated that "the defendant shall not be held liable for criminal liability with the original agreement," which was after the prosecution of this case was instituted.

Therefore, the judgment of the court below which acquitted the defendant of the facts charged of this case without exceeding submission of the above agreement shall be sentenced to the dismissal of the prosecution of this case pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

Therefore, prosecutor's assertion is justified.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

The summary of the facts charged of this case is as follows, and the indictment of this case against the defendant is dismissed for the same reasons as examined in paragraph 2 above.

The defendant is a person who was a member of the branch of the Gyeonggi-do Council (g) and the victim D is a person who is the head of the branch of the Gyeonggi-do (g).

In collusion with E, the Defendant’s statement related to the corruption of the branch of Gyeonggi-do in the office of “C-do branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the Gyeonggi-do.”

1. Determination of non-existence of membership in the president of the sports branch for health and welfare;

2. Abuse of authority related to business affairs and the executive secretary general and personnel expenses for employees;

3. Minors at the head of the Ansan branch office; and

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