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(영문) 서울북부지방법원 2020.04.09 2020고정117
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a new person of “C” on the 9th floor of Nowon-gu in Seoul Special Metropolitan City, and the victim D is the head of the said church.

C Around August 11, 2019, the political party council decided the power of expulsion and withdrawal from a teacher E from a teacher. Around August 18, 2019, the Defendant posted a printed object stating the following: “At first, the Defendant proposed to attend a Dro to attend a church” on the bulletin board in order to object to such a decision; “I recommend the head of the road to leave a church”; and “Ign the head of the road to leave a church and to deny (Fgrgrgrggrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrg

In fact, however, the victim did not have any boomed with the female, and F and I, wife G, and Dong H had left C with the Mari-si director in Seoul Special Metropolitan City, Nowon-gu around 2006, but did not leave due to the passage of the victim.

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

2. Determination

(a) Applicable provisions of Acts: Article 307 (2) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 312 (2) of the Criminal Act.

C. The victim's expression of intent not to punish the victim: on March 27, 2020, the victim's expression of intent not to punish him/her; the victim's expression of intent not to punish him/her was submitted to this court [the victim's statement of opinion that he/she would reverse his/her position on March 30, 2020 and again want to punish him/her, but as long as the victim already expressed his/her intent not to punish him/her, it is invalid even if he/she again expresses his/her intention not to withdraw his/her intention to punish him/her (see, e.g., Supreme Court Decision 2009Do6779, Sept. 24, 2009)].

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act

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