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(영문) 대전지방법원 2020.05.14 2020고정228
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On November 20, 2018, the Defendant of defamation, on November 20, 2018, called, “C” and “C” and “E, the partner of the business, who is located in Seo-gu Daejeon, Seo-gu, Daejeon, and the fiveth century, asked for the whereabouts of the victim D, who is a partner, to take out the location of the victim D, that “the female would not embezzled money.” There was no son who is married, and there was no son. There was no son who gets married. As a result, the Defendant made a blood proposal on money without giving money from the male side, thereby getting off cash.”

However, there was no such circumstance or there was no fact that the victim embezzled the victim's over-person.

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

B. On November 24, 2018, the Defendant of defamation, on November 24, 2018, stated that “D embezzled money with excessive personal seal” to members F, among members of the U.S. E. Dong-dong Family Association 41, the Defendant read that “D embezzled money with excessive personal seal. The CCTV stolen money and became aware of the fact of escape.”

However, there was no fact that the victim embezzled the above excessive profit.

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

2. Determination

(a) Applicable provisions of Acts: Article 307 (2) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 312 (2) of the Criminal Act.

(c) Withdrawal of the victim's intent to punish after prosecution;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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