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(영문) 제주지방법원 2014.07.25 2014고정540

명예훼손

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On September 12, 2013, the Defendant: (a) filed a complaint with the Jeju Dong-dong Police Station for the embezzlement of public funds against the victim E, who was the president of the above center for senior citizens, based on the Defendant’s audit results; (b) on November 12, 2013, the victim was subject to a disposition that there was no suspicion.

Accordingly, on January 25, 2014, the victim found in the center for older persons and demanded that “the chairperson and the auditor have been subject to a disposition of non-guilty” and “the chairperson and the auditor of the center for older persons to open to the public” were damaged the honor of the victim by openly pointing out facts by stating, “whether a fine of KRW 300,000 has been imposed or not,” on the ground that the victim was accused of a summary indictment for a fine of KRW 300,000 by insulting F (the spouse of the accused) by insulting him/her, thereby undermining the reputation of the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a notice of results of disposition of accusation and accusation cases, and a copy of the invoice for case (2013-8970);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 307 (1) of the Criminal Act;

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

1. A provisional payment order: A sentence shall be imposed as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act. A favorable normal circumstance is recognized: (a) the facts of the crime are recognized; (b) there are circumstances to be considered in the course of the crime; (c) there are no history of criminal punishment after 1987; and (d) there are no history of criminal punishment after 1987: It is so decided as per Disposition on the grounds of the defendant’s age, economic conditions, and existing criminal records.