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(영문) 수원지방법원 성남지원 2014.02.14 2013고정1705

명예훼손

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 31, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution on November 30, 2012 at Suwon District Court sentenced to the fabrication of private documents, etc. on May 31, 2012. On February 1, 2013, the Seoul High Court sentenced 8 years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and 1 year and 6 months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the judgment became final and conclusive

On July 18, 2012, the Defendant damaged the reputation of the victim by openly pointing out false facts through sound, “C is a woman with her husband, who is a woman with her husband, and is a sexual intercourse with 80 or more members of the E Housing Association present at the meeting of the countermeasures related to multi-family housing projects in Gwangju City, though there was no fact that the Defendant had sexual intercourse or had living together with the victim C (the age of 49).”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective statutory statements made by witnesses C, F, G and H

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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