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(영문) 수원지방법원 2015.07.09 2015고정1212
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the Director of the Management Office of the C Apartment Complex in Mosung City.

On October 28, 2014, the Defendant damaged the reputation of the victim by openly pointing out false facts with the following purport: “F, despite the fact that there was 15 community residents D, E, etc. in front of the 2 complex management office of the Da Apartment apartment complex in Seongbuk-si, the victim F, a resident of the above apartment, had not threatened D, thereby leaving the position of the Chairperson of the D Election Management Commission by attacking and threatening D.”

2. The judgment is a crime falling under Article 307(2) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. According to the records of this case, it can be acknowledged that the victim submitted a written withdrawal of the complaint on June 22, 2015, which is the date of the prosecution of this case, and withdrawn his/her wish to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act

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