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(영문) 광주지방법원 2013.08.23 2012고단5389

명예훼손

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant was a person who was working as the chairperson of the autonomous committee for the election management of Gwangju Northern-gu Seoul apartment.

around 19:00 on December 18, 201, the Defendant attended the 8th emergency emergency council meeting of the council of occupants' representatives at the above C Apartment House, and took a summary disposition by defamation on April 27, 2009, and was punished by a fine of three million won due to defamation on September 1, 2009, and was punished by defamation on December 14, 201, and the victim E was subject to a summary disposition by defamation on April 29, 2011.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or F;

1. Application of the Act and subordinate statutes to Defendant’s ticket sales records

1. Article 307 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act (one day: 50,000 won) of the Criminal Act;

1. Article 59 (1) of the Criminal Act (limited to a suspended sentence: fine of 300,000 won);

1. Judgment on the defendant's assertion

A. Article 310 of the Criminal Act provides that “If the act under Article 307(1) of the Criminal Act is true and solely for the public interest, it shall not be punished.”

According to the records of this case, the facts recorded in the indictment are recognized as true, but defamation of the defendant is not related to the public interest, such as those closely related to the agenda of the council of occupants' representatives held at that time, but rather based on the existing emotional conflict between the defendant and the victims, so the above assertion by the defendant is rejected.

B. Article 20 of the Criminal Code provides for the grounds for the dismissal of illegality as stipulated in Article 20 of the Criminal Code.