beta
(영문) 서울중앙지방법원 2013.10.18 2012고정6275

명예훼손

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the chairman of the apartment elderly association.

On September 201, the Defendant damaged the reputation of the victim by openly pointing out false facts by stating that “The victim E, who is a resident of the above apartment in the middle of Gangnam-gu Seoul Metropolitan Government C Apartment Complex and has many money such as D, has provided the main service as a resident of the above apartment, has lost food in the main room from the day on which both years have elapsed to the lower day. They entered the back of the failure and go back to the main room at night.”

Summary of Evidence

1. Application of Acts and subordinate statutes to witness E and D’s respective legal statements (a statement that the defendant took the above statement)

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Summary of this part of the facts charged

A. On October 201, 201, the Defendant damaged the honor of the victim by openly pointing out false facts by stating that “The Victim E does not come to the inner panty,” at the place where many money was located.”

B. On October 201, 201, the Defendant damaged the victim’s honor by openly pointing out false facts by stating that “50,000 won 50,000 won, which was put in a book, was brought by the victim E at the place where a large number of money was located.”

2. The evidence as shown in this part of the facts charged lies in E, D’s statement and F, G, H, I, J, and K’s confirmation, and the content thereof is that the Defendant made a statement as stated in this part of the facts charged.

However, the following circumstances that can be recognized by the record, i.e., E, the defendant made a statement on the facts charged at the center of senior citizens around October 201. However, the center of senior citizens is in this court.