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(영문) 서울북부지방법원 2017.12.15 2017고정1554

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 and the victim C were a person who released as a candidate for the Dong-gu Seoul Metropolitan Government 105-dong and 106-dong's Dong-gu election conducted as a police officer on January 2017.

On January 22, 2017, the Defendant did not intend to cause a disturbance in relation to the above representative election at 106 voting stations around January 22, 2017 by inciting part of the apartment residents, thereby causing such disturbance and thereby reducing the voting rate of the said representative election. However, the Defendant did not have any intention to do so.

The title "the cause of disturbance was "," and it was difficult to avoid the disturbance for two hours from 4 p.m. to 106 p.m. because the non-net force interfering with voting was organized at 106 p.m., and the latter background of these forces was presumed to be C, which was handled by the same representative, due to the reasons for disqualification at this time. They were clearly explained before 106, but they were able to see that the same person appeared in the committee for the election management of the management office at 9 p.m., but if the same person appears in the committee for the election management of the management office at 9 p.m., if the elected becomes a majority of our constituency, C C, which is determined to be disqualified as a candidate for the same 23 p.m., and made it short of the riot.

The victim’s honor was damaged by openly pointing out false facts by inserting about approximately 200 marbling about 105 dongs and 106 mars in each household with each apartment unit, stating the content of “the former marb.”

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against C;

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

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;