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(영문) 서울남부지방법원 2016.07.14 2016고정1410
명예훼손
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant was dismissed on August 17, 2015 (the Seoul Regional Labor Relations Commission’s decision on dismissal on December 28, 2015), which was an incorporated association from March 23, 2011, from the Seoul Special Metropolitan City Branch of the Association of Persons with Disabilities, and was the secretary-general of the said B Center’s working union from September 2014 to September 2015.

On April 6, 2015, the Defendant made a statement that “In order to become the head of the Seoul Center Seoul Center for Disabled Persons B, the Defendant spreaded considerable money to 200 million won and becomes the head of the branch because of the vehicle,” held before Seoul Viewing the Seoul Central Viewing Province, which had been held in front of Seoul 110 as the model C of Jung-gu Seoul, Jung-gu.

However, in fact, the victim C, the head of the above Seoul branch, did not use 200 million won during the election for the head of this branch office, and did not deliver money and valuables to voters, and the defendant was not aware of it at all.

As a result, the Defendant, by pointing out false facts, damaged the honor of the victim.

2. Determination and conclusion of the facts charged in this case are crimes falling under Article 307(2) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act.

Since the victim expressed his intention not to be punished against the defendant in this court after the prosecution of this case was instituted, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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