beta
(영문) 대구지방법원 2012.11.21 2012고정1963

명예훼손

Text

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

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

Reasons

Punishment of the crime

Although the Defendant did not embezzled the victim C’s compensation of KRW 5 million for the use of the clan D’s clan, the Defendant, at around 11:00 on February 18, 2012, up to 15, at the “F cafeteria” located in the Cheongdo-gun, Cheongbuk-do-gun, Cheongbuk-do-gun, the Defendant: (a) made a false statement by publicly pointing out the victim’s reputation by openly pointing out false facts, “The victim, at the seat of the said clan, 15 members of his clan Myeon-dong-gun, Cheongdo-gun, Cheongdong-gun-do-gun, opened the account book for the payment of the clan money; and (b) made a false statement with the victim “at around 5 million won and 2 million won without the sales proceeds of the clan,” thereby impairing the victim’s reputation by pointing out the phone call to I from his own house located in the Cheongdo-gun, Cheongnam-do-gun, Do-gun-gun.”

Summary of Evidence

1. Each legal statement of the witness J and C;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement made to J, C, K, and I;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 307 (2) of the Criminal Act concerning facts constituting an offense and Article 307 (2) of the Criminal Act concerning the selection of punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;