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(영문) 대구지방법원 김천지원 2015.01.14 2014고단640

명예훼손등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 2006, the Defendant is a person working as the president of the Dagricultural cooperative in Kimcheon-si (hereinafter referred to as "DF") from March 2006, and the victim E is a person working as the director of the DF 4 division.

Around January 25, 2011, the Defendant was subject to a four-month suspension order against the victim on the ground that the Defendant violated the provisions, such as raising funds, falsely reporting, etc., and filed a complaint of embezzlement around October 31, 201, and dismissed the victim on the ground of embezzlement, etc. on or around January 9, 2012. However, the instant accusation case was subject to a disposition without suspicion, and the victim won in the lawsuit for invalidation of dismissal filed by the victim, resulting in the victim’s winning in the lawsuit for invalidation of dismissal, and the victim returned to ACF on or around September 2, 2013, the victim returned to DF, and during that process, the victim was respected.

1. The Defendant, on September 22, 201, damaged the victim’s reputation by publicly alleging that “E openly made a false statement of fact to DF representatives on a bus that was on the bus for the purpose of raising a EX-ray ex officio in the tourist bus located in Kimcheon-si, Kimcheon-si, and by publicly stating false facts, and by publicly pointing out false facts or true facts at a total of six times, such as the list I of the crimes committed in the attached Table I.

2. Around October 31, 2013, the Defendant’s insultd the victim at the DF office located in Kimcheon-si, Kimcheon-si, that read “I wish to go to the toilet today at one hour, I wish to go to go to the toilet at one time, I wish to go to go to a hospital, but I want to go to go to a cell at one time, but I want to go to go to a cell at one time, I want to go to go to go to a cell at one time.” In the case of the [Attachment II] No. 1 of the Attached Crime List II, the prosecutor appears to have constituted the charges based on the recording record (Investigation Record 498) dated October 31, 2013 and the USBB in which the recording file is stored, which is not admissible, and Article 3(1) and 3(1) of the Protection of Communications Secrets Act.