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(영문) 의정부지방법원 2013.12.09 2013고정2022

명예훼손등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operated the D Real Estate with the victim C.

1. Defamation;

A. On April 4, 2013, the Defendant: (a) around 10:30 on April 4, 2013, at the place where G of F Real Estate president in the F Real Estate G located in Nam-si, Namyang-si, the Defendant called “the victim C was removed from one’s face with a low-year loan of KRW 5 million; (b) and (c) the Doar whose face he knows five million won in money.”

B. On April 19, 2013, the Defendant: (a) around 11:20 on the southyang-si, the Republic of Korea: (b) stated, “The Defendant: (c) on the street in front of the IF H in the southyang-si; (d) “The Defendant loaned the sex operation to the victim, and, at the same time, there are two persons, J and J. 2; (c) on the one hand, 5 million won or less; and (d) on the other, he was working for the police pets, etc.; and (d) this Doar-si, Doar-si

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

2. The injured Defendant, on the same date and at the same place as paragraph 1(a) and on the same grounds, inflicted an injury on the salt and the liver of the other fingers requiring medical treatment for 14 days.

3. The Defendant damaged a mobile phone at the time and at the same time and place as Paragraph 1(b) and on the same grounds, such as cutting off a mobile phone cited by the victim on his hand and destroying the cell phone’s drums.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A written verification of each fact by G and J;

1. Investigation report (report on the details of telephone communications with expert G and J);

1. Application of the Acts and subordinate statutes on the diagnosis certificate of injury, the upper part photographic;

1. Relevant Article 307(2), Articles 257(1), and 366 of the Criminal Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.