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(영문) 수원지방법원 2019.05.17 2019고단633
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person who served as a taxi engineer in the company B, and the victim C is a person who served as the chairperson of the trade union of the said company from July 2002 to July 2004, and was re-entered in the said company around 2015 and served as the vice chairperson of the trade union of the said company from September 17, 2018.

On September 13, 2018, the Defendant stated that “C, while holding office as the chairperson of the Trade Union and Labor Relations Commission in 2002, embezzled union expenses and appropriated them personally, and did not interfere with the transferee without balance to his/her successor,” among four employees, the Defendant stated that “C, while holding office as the chairperson of the Trade Union and Labor Relations Commission in 2002, embezzled union expenses, and did not properly interfere with the transferor’s succession without balance.”

However, the victim did not embezzled union expenses while working as the chairman of the union of the above company.

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

2. The facts charged in the instant case are crimes 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. The victim expressed his/her wish not to punish the defendant on February 7, 2019, and thus, the prosecution of the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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