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(영문) 대구지방법원 2015.07.24 2015고정300
명예훼손등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a person who was a general secretary and was acting for the president of the Daegu Northern-gu Seoul apartment representative council.

A. On November 27, 2013, defamation: (a) around 14:00 on the 14:00, the Daegu Northern apartment management office damaged the victim’s reputation by openly pointing out false facts by publicly pointing out the phrase “a victim’s qualification is doubtful; (b) the Plaintiff was a graduate from the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the Republic of Korea; and (c) by publicly pointing out false facts.”

B. Around April 14, 2014, around 16:30, the victim publicly insultingd the victim by 2 times the phrase “the victim, such as E in the apartment management office, forged the document,” which read that the document was forged to the victim as E in the event event by the above apartment management office.”

2. Determination:

A. The facts charged as to defamation 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.

However, according to the records of this case, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on July 17, 2015, which was after the prosecution of this case. Thus, this part of the prosecution should be dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

B. The facts charged in relation to insult are crimes falling under Article 311 of the Criminal Act, which can be prosecuted only upon the victim’s complaint under Article 312(1) of the Criminal Act.

However, according to the records of this case, the victim can recognize the fact of revoking the complaint against the defendant on July 17, 2015, which was after the prosecution of this case. Thus, this part of the public prosecution should be dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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