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(영문) 인천지방법원 부천지원 2016.03.24 2016고정194
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a member of the C church in Kim Jong-po, who is in the C church B.

1. On May 10, 2015, the Defendant: (a) made a false statement that “D previously killed due to the investigation by the E-PS Committee; and (b) damaged the honor of E, F, G, and H, a complainant who worked as a member of the E-PS Committee, by stating that “D previously killed due to the investigation by the E-PS Committee.”

2. On August 2, 2015, the Defendant undermined the honor of E, a private person, who was aware of the fact that “the mother collector filed a complaint against a pastor” at the time of his worship.

3. On August 2, 2015, the Defendant undermined the honor of F, the complainant, who was in charge of the adjudication by stating that “The head of the mother who is in charge of the administration temporarily, had no employee case cost and has disbursed church money as the mother’s mother and has violated trust” during the time of his worship.

2. Determination

(a) Applicable legal provisions: Article 307(2) and (1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 312 (2) of the Criminal Act;

(c) Unwritten expression of intention to punish: The victims who were the victims after the prosecution of this case is not subject to punishment;

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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