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(영문) 의정부지방법원 고양지원 2019.08.27 2019고정538
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. On November 5, 2018, the Defendant: (a) around November 5, 2018, in the B apartment house of Pakistan; (b) in fact, C did not embezzled the public funds of apartment and did not participate in the embezzlement by violating the duties of the victim D, who is the Director of the Management Office, and was not involved in the embezzlement; (c) under the title “written request against the consent of the resident,” for the victim, the victim was released from office on April 20, 2015, and then on April 20, 2018, C, who did not have any right of KRW 8,400,000,00 per month, illegally embezzled and embezzled, and the Director D, in accordance with this embezzlement, distributed to the residents of the apartment, or attached to the front day of the inspection.”

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

B. On December 8, 2018, the Defendant: (a) around December 8, 2018, on the above apartment house, the Defendant was not embezzled by C; and (b) the head of the management office, the victim involved in the embezzlement and did not inflict any damage on the residents; (c) on the victim, the Defendant posted the title, “the minutes of representative of occupants,” stating that “D is an accomplice who has inflicted damage to residents at least KRW 90 million.” The Defendant filed a lawsuit for damages and neglected the public opinion of the residents, on the bulletin board at the entrance of the apartment, so that the residents of the A4 site, stating that “D is an accomplice who has caused damage to residents at least KRW 90 million.”

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

2. Provisions of applicable provisions to the facts charged in judgment: Judgment dismissing the victim's expression of intention not to punish the victim on July 26, 2019, which is after the prosecution is instituted under Article 312 (2) of the Criminal Act (Article 327 subparagraph 6 of the Criminal Procedure Act).

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