beta
(영문) 춘천지방법원 영월지원 2018.07.10 2018고정41

명예훼손

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who served as the general secretary of the branch of the senior citizens' association C branch of the Korea Senior Citizens' Association and the victim E is a person who served as the chairperson of the above branch.

On June 22, 2017, the Defendant: (a) prepared a document stating “the details of the use of public funds by the Chairperson” at the office of the head of the said sub-office located in the Gangwon-gu Seoul Special Metropolitan City; and (b) sent it by mail at the office of the senior citizens’ hall, the I Gun Office, and the Korea Senior Citizens Association C sub-branch, which read “the contents of the use of public funds by the E Chairperson’s 1,00,000 won without the name of the withdrawal of the passbook.”

However, there was no fact that the victim personally useful public funds of the above division, such as withdrawing KRW 1,00,000 received as a donation from Griart by the general secretary, and returning them to the above separation.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Complaint;

1. Requesting cooperation in investigation (request for delivery of documents receiving civil petitions);

1. Investigation report (the general affairs of the G interest management and the details concerning the payment of donations);

1. Investigation report (Statement by telephone with officers of the D branch);

1. An investigation report (H’s statement at the meeting of the elderly head of H) (the defendant and his defense counsel asserted that the victim’s public funds are personally useful, but according to the evidence duly adopted and examined by this court, the victim was paid KRW 1,00,000 from Griart around November 17, 2016 and returned it to Griart on November 22, 2016, and it is difficult to view it as personal useful. Accordingly, the defendant’s reputation was damaged by pointing out false facts.

Since it is reasonable to see the above argument, we cannot accept it.

Application of Statutes

1. Relevant Article 307 of the Criminal Act concerning criminal facts, Article 307 (2) of the Criminal Act concerning the selection of punishment, and selection of fines;

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

1. The Criminal Procedure Act of the Provisional Payment Order.