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(영문) 광주지방법원 2017.06.22 2016고단4297

명예훼손

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant was in the position of the Chairman of the Emergency Countermeasure Committee of the C Housing Redevelopment Project Association

In May 2016, the fact at the office of the Emergency Countermeasure Committee on the second floor in Gwangju-gu, Gwangju-dong, Gwangju-gu, the victim E divided the union expenses with F and G, and the head of the cooperative and the head of the general meeting for dismissal of executive officers of the cooperative, although the victim E did not take part in the division of the union expenses, the title "F, G, the head of the cooperative for the development and improvement project and the head of the council," who received KRW 50 million from the designer H in the name of the bid deposit from the design firm H at around 2015-02, the amount of KRW 18,000,000,000,000 won, I, 3,000,000 won, representatives, and 5,000,000,000 won, and the amount of KRW 277,000,000,000,000 won, was damaged by publicly alleging the victim's reputation.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Each legal statement of witness E and F;

1. The application of statutes by proposing the convocation of a general meeting for dismissal of the head of an association or an executive of an association;

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not correspond to the punishment of the crime because the defendant, without undergoing clear factual verification procedures, has committed an act that defames another person. However, there is no criminal record other than once a fine for this type of crime, and the head of the former union F and former union management directors G were detained by bribery, occupational embezzlement, etc. at the time, and under investigation, there is some circumstances to consider the circumstances leading to the defendant's crime, and thus, the punishment of the fine as set forth in the disposition is imposed.