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(영문) 춘천지방법원 2013.05.21 2013고정292
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the chairman of the C Senior Community Center located in Yang-gu, Yangwon-gun, and the victim D is the general director.

Around 11:00 on October 17, 2012, the Defendant offered that 12% of the interest rate per annum should be given to the general senior citizens’ association members and 30 non-members should be given to the above senior citizens’ association. As public funds, the Defendant offered 7 members a gift of 140,000 won per annum, and the senior citizens’ checks were entrusted to non-members, and the Defendant paid rice to non-members with public funds, which are all grounds for disciplinary action.

However, in fact, the victim failed to make a proposal to deposit the public funds of the elderly society to the elderly community credit cooperatives and increase the interest of the victims, and the consent of the defendant was given to the directors. The key of the elderly community center was used to open a door to the elderly audit E when the victim went to Seoul, and the payment of rice to non-members was made, so the above reasons were all the reasons for the disciplinary action against the victim.

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

2. The above facts charged 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) of the same Act. Since it is apparent that the victim D withdraws his/her wish to punish the defendant around May 7, 2013 after the institution of the instant indictment, this part of the indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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