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(영문) 부산지방법원 2012.07.19 2012고정2307

명예훼손

Text

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

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

Reasons

Punishment of the crime

The defendant is an election management member of the Busan Dongdong-gu B apartment, and the victim C (53 years old, female) was a female president of the above apartment.

On February 7, 2012, the Defendant: (a) at the neighbor’s meeting place held in the above apartment kist on February 7, 2012; (b) there was no threat of the victim to the effect that the victim embezzled D to the effect that D was embezzled on the bulletin board; (c) as the title “resident publicity”, the Defendant “D’s dismissal voting by the Chairperson shall be at least 102,000,000 won; (d) the Chairperson and the former Chairperson and the former Chairperson, 102 Dong/E, F1,101A Dong [this person shall not be qualified as countermeasures committee members] - C, - 103 dong president and 103 dong president [the latter Chairperson shall file a complaint if the Chairperson is rejected] - 102 dong representative who resigned [the latter Chairperson shall actively defend the Chairperson - the former Chairperson - 101A / [the former Chairperson], and the former Chairperson shall actively defend the victim’s reputation who prepared a document.”

Summary of Evidence

1. Partial statement of the defendant;

1. Partial entry of each police interrogation protocol against the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning filing a complaint and publicity of residents;

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

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;