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(영문) 부산지방법원 동부지원 2018.03.14 2018고정1
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the director of the management office who manages Busan Shipping Daegu B commercial building, and the victim C is the representative of the dispute resolutionD, who operates an English kindergarten on the eightth floor of the above building, and is under civil litigation as to the payment of the controlled entity and the management fee.

On June 20, 2017, in order to prevent the victim from attending the shopping mall conference to discuss the problems of the Committee, the defendant, in the E store located on the first floor of Busan Metropolitan Transportation Daegu B, Busan Metropolitan City, in order to prevent the victim from attending the shopping mall in order to discuss the problems of the Committee, the defendant tried to create the eightth floor president (victim) and gather some people from the management expenses.

8 The president of the 8th floor has damaged the reputation of the victim by openly pointing out facts to the purport that the management expenses have not been paid for a long time, and that "a woman who is not good quality and is not present at a shopping mall."

2. The facts charged in the instant case are crimes falling under Article 307(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act.

In this regard, since the victim expressed his/her intention that he/she does not want to be punished against the defendant on March 14, 2018, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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