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(영문) 의정부지방법원 2014.04.28 2012고정3193

명예훼손

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

1. On August 16, 2012, the Defendant publicly expresses false facts in the name of the group of senior citizens, “A person who is the president of the group of senior citizens and received KRW 1 million in the election of the president of the group of senior citizens in the group of senior citizens in the group of senior citizens in the group of senior citizens in the group of senior citizens in the group of senior citizens in the group of senior citizens in the Namyang-si, Nam-si, the group of senior citizens in the group of citizens

2. Around that time, in the apartment apartment of Namyang-si, Namyang-si, the name of the “Saeuri Opinion on the Election of the President of the H Complex Seniors Association” was received from the members of the senior citizen center, and the reputation of the complainant was damaged by publicly alleging the false fact that “F gave KRW 1 million to E in order to be elected as the president.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, I, F, and J;

1. Application of Acts and subordinate statutes to a copy of a case of corruption regarding the election of the president of the HH Complex Seniors Association;

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine of 1,000,000 won to be imposed on the suspension of sentence;

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

1. The defendant and his defense counsel's assertion of Article 59 (1) of the Criminal Code (the first offender, the circumstances that may be considered in the course of committing the crime, the elderly, etc.) of the suspended sentence are true, and the defendant and his defense counsel's assertion that they received KRW 1 million for E, and that the receipt of the annual list was received in relation to the investigation of corruption, and thus, it cannot be punished as a justifiable act.

In the event that an act of impairing another person’s reputation is committed and its purpose is solely for the public interest, if the alleged fact is proved to be true, it shall not be deemed unlawful, and even if it is not proven, it shall not be deemed that the actor has any reasonable ground to believe that it is true.