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(영문) 울산지방법원 2013.08.08 2013고정295

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

Victims C is the representative of the D Village in Yangsan-si, and the defendant is the residents of the above village.

At around 17:00 on July 5, 2012, the Defendant heard seven persons, including G, H, and I, from the “F” Chinese house located in Gyeyang-si E, Yangsan-si, “A former head of the J, and C received money from J, and the construction cost was also duplicated. C received money from the construction business operator.”

However, there is no fact that the victim C does not personally use the D Village public funds or receive illegal money, and further there was no fact that the defendant confirmed the receipt of illegal money by the victim.

Accordingly, the defendant damaged the reputation of the victim C by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C and G;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of each police statement related to C and G;

1. Application of Acts and subordinate statutes to the complaint(C);

1. Article 307 (2) of the Criminal Act applicable to the crimes;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.