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(영문) 서울남부지방법원 2017.09.04 2017고정321
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: (a) the Defendant was subject to a non-prosecution disposition on the charge that the victim E embezzled the public funds of the said senior citizen center in front of the senior citizen center in Gangseo-gu Seoul Metropolitan Government around 15:00 on May 2016; and (b) despite having not been detained in connection with the above facts charged, the Defendant would immediately be bound on the following grounds: (a) “E, who is the former president of the senior citizen center, is the president of the senior citizen center, and has embezzled the public funds at the hearing of F, G, H, I, J, and K.

“The victim’s reputation was damaged by openly pointing out false facts.”

This is a crime falling under Article 307(2) of the Criminal Act that cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. According to the records, the victim E can be acknowledged as the fact that the victim E withdraws his/her wish to punish the defendant on September 1, 2017, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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