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(영문) 의정부지방법원 2014.10.23 2014고정1854
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. Around April 2012, the summary of the facts charged stated in the facts charged that the Defendant embezzled the company’s funds to D affiliated companies of C, a business partner company of C, “B deducteds the company’s money from other sources. The deducted money is KRW 600 million. Therefore, the Defendant attempted to protect the company’s financial status.” On May 2013, 2013, the Defendant stated to the effect that “B director would pay back the company funds and establish and operate the company with the company funds that would be deducted from the company funds.”

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

2. The reasons for dismissing the prosecution of this case are the 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 Criminal Act. According to the written agreement bound in the trial records, the victim can be acknowledged as having withdrawn his/her wish to punish the defendant around September 16, 2014, which is the date of the prosecution of this case. Thus, the prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.

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