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(영문) 광주지방법원 해남지원 2018.09.13 2018고정8

명예훼손

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On April 20, 2017, around 12:30 on April 20, 2017, the Defendant revised the part concerning the date and time of the instant facts charged to the extent that it does not interfere with the Defendant’s exercise of his/her right to defense, and recognized

In the past, there were 14-15 members of the village, such as F, from the opening of the D Center located in the Do Center in the Do of the Republic of Korea, "G is a person who embezzled public funds, and illegal medical acts have also been committed several times, one month of suspension from office due to embezzlement of public funds, and three months of suspension from office due to violation of the Medical Service Act and violation of service regulations.

“To the end,” the victim G by openly pointing out facts, thereby impairing the reputation of the victim G.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Investigation reports (F hear statements and reports on this Chapter, and hearing statements and reports by the heads of the Lee this Chapter present at this Chapter);

1. Guidance for the second-time conference in April, and the application of statutes on the documents of the second-time conference in April, 2017;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although it is true that the defendant made the same remarks as the facts charged, the defendant was a public official who attended the meeting of this Chapter and made such remarks in the course of performing his duties to answer questions of this Chapter, so there was no intention to impair the honor of the victim, and there was no illegality as it is for the sake of the public interest as well as the truth.

2. Determination

A. In a case where an act that defames a person by openly pointing out a fact is true and solely for the public interest (Article 310 of the Criminal Act), the term “when an act is solely for the public interest” means when the alleged fact objectively is objectively seen, the actor is also for the public interest.