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(영문) 인천지방법원 2014.11.28 2014고단8064
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. On May 15, 2014, the Defendant stated that “G receives KRW 30 million per month from the cleaning business entity,” among eight Dong representatives, such as C, D, E, and F, during which the council of occupants’ representatives was a council of occupants’ representatives at the office of Yeonsu-gu Incheon apartment apartment B, Yeonsu-gu, Incheon, 2014.”

However, the victim G did not receive money from the cleaning company, and the defendant did not confirm whether the victim received money from the cleaning company.

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

2. The facts charged in the instant case are crimes falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2). According to the written withdrawal of the complaint, the victim G voluntarily withdrawn his/her wish to punish the Defendant on October 30, 2014, which is after the instant indictment was instituted. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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