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(영문) 수원지방법원 성남지원 2013.04.12 2013고정524
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the Dong-dong, 118, Dong-gu, Seongbuk-gu, Sungnam-si, and the victim C is the Dong-dong, Dong-dong, 115.

At around 17:00 on August 10, 2012, the Defendant: (a) in the Dong representative meeting room of the above apartment management office; and (b) did not have any fact that the victim C requested D, the chairman of the said apartment reconstruction promotion committee, to have a director at the time of the establishment of the said apartment reconstruction association; (c) among the apartment residents, E, F, and G, the Defendant openly damaged the victim’s reputation by openly pointing out the false fact that “The 15 representative C would find two descendants every day at the 115 representative C, as he is a resident of the apartment, and bring up two losses to the reconstruction association director at the same time as the chairperson of the reconstruction promotion committee; and (d) how C would be able to become a director of the reconstruction association; and (e) how C would prevent C from holding a director even by using the inner method; and (e) how the director of the reconstruction association at the same time would not be absolute.”

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. According to the records, the facts can be acknowledged on April 1, 2013, which is the date the instant prosecution was instituted, as the victim withdraws his/her wish to punish the Defendant. Thus, the instant prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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