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(영문) 대구지방법원 2019.08.20 2019고정663
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The facts constituting the premise of the facts charged are those who reside in the Gyeongdong-gun apartment B apartment unit B, and the victim D resides in the e, which is below the same floor.

There have been serious conflict between the defendant and the victim of ordinary noise, and due to this, the victim received a summary order of KRW 300,000 as a crime of intimidation due to the suspicion of intimidation by the Daegu District Court around June 2017.

Since then, the defendant had been in dispute with the victim due to noise noise, on April 12, 2018, the victim was assaulted by the victim, which led to his/her intention to harm the reputation of the victim by disclosing the criminal records of the defendant's fine and the fact to the public at the representative meeting.

Criminal facts

Around 19:00 on April 25, 2017, at the regular meeting of the 2nd floor meeting of the apartment building management office, the Defendant said that, at around 19:00, more than 10 members, such as the president F, etc. of the apartment building representative, have deliberated on the agenda, such as reporting audit, establishing LED street lights, and installing unmanned-type box, “us has been the case of dismissal of the G Dong representative, and a person without the qualification of the representative is the same representative. A person having previous record is the same representative.”

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

2. Determination

(a) Applicable provisions of Acts: Article 307 (1) of the Criminal Act;

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

C. The withdrawal of a complaint including the victim’s expression of non-guilty to punish the victim after the indictment of this case was filed

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

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