Violation of the Act (Defamation)

Attorney Kang Sung-sung

Law Firm Seog Chang, Attorneys Kim Jong-won, and Guimi

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

To order the defendant to pay an amount equivalent to the above fine.

The Defendant is a lawyer in charge of the 00 ○○○ and Park ○○○’s defense, which brought about the suspicion of sexual traffic on the paths at the time of the local election in 2010, and was working as the head of the legal support group for the Preliminary Uniform that was sent to the candidate of the Mayor of Incheon Metropolitan City under the jurisdiction of the new party under the jurisdiction of the Incheon Metropolitan City Mayor on June 4, 2014 (hereinafter “6. 4”). The Defendant was a person who was working as a candidate for the head of the New Political Democratic Union under the jurisdiction of the Incheon Metropolitan City Mayor on June 4, 2014.

피고인은 2014 . 5 . 27 . 18 : 20경 인천 남구 학익동 ○○○ - ○ ○○○○○○○빌딩 ○ ○○호에 있는 피고인의 변호사 사무실에서 , 피고인의 휴대전화 ( 010 - XXXX - * * * * ) 로 지인 31명과 카카오톡 메신저 그룹채팅을 하던 중 별지 ' 성매매 의혹 ' 과 같은 내용의 게시글을 작성함으로써 6 . 4 . 지방선거에서 송영길 후보가 인천광역시장 선거에서 당선 되지 못하게 할 목적으로 허위의 사실을 공표함과 동시에 송영길을 비방할 목적으로 정보통신망을 통하여 공공연하게 거짓의 사실을 드러내어 송영길의 명예를 훼손하였 다 .

Summary of Evidence

1. The defendant's partial statement in court;

1. Each legal statement of the witness, ○○, each of the legal statements;

1. Statement of each prosecutorial statement concerning ○○○;

1. The screen of the Defendant Kakao Kakao Stockholm to be cut off by the Defendant exploo;

1. Supreme Court Decision (2011Do11688) and Seoul High Court Decision (2013No1272) related to the sending of victims;

Copy

1. An investigation report (reports attached to records of judgment, reference materials, reporting attached to records, and data submitted by suspects shall be recorded;

Attachment Report)

1. A copy of the protocol of examination of suspect on transmission paths;

1. A copy of each written statement by Kim○-○, Jeong-○, Lee ○-○, Civil ○, and Military ○○.

1. A copy of each protocol of examination of a witness ( Kim○-○, Cho Jong-○, Cho Jong-○, Park Jong-○, private ○, ○○, Ga-○, Ga-○, Ga-○), respectively;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 250(2) of the Public Official Election Act (the violation of the Public Official Election Act), promotion of information and communication network utilization and information protection

Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

damaged) Occupition

1. Competition;

Articles 40 and 50 of the Criminal Act / [Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.]

half. (Defamation) Punishment for a crime

1. Selection of penalty;

Selection of Fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The defendant and his defense counsel held that "The Supreme Court held that "the defendant's sexual traffic suspicions" in the attached Form ' is the responsibility for the crime of non-defluence based on false facts against a suspected person who failed to provide specific proof of the suspicion of sexual traffic in Vietnam, and that "the part is not a statement of fact, but a statement of fact," and it is reasonable to see that "the court found him guilty on the ground that the person who raised the suspicion of sexual traffic did not submit the supporting material, and it does not judge the existence of sexual traffic in the transmission path, and therefore it is objective fact that the defendant did not release false facts or reveal false facts, and thus, the defendant did not harm the reputation.

2. Determination

(a) Basic facts

According to the evidence duly admitted by this Court, the following facts are acknowledged.

1) In the local election in 2010, 000, 000 ○○ and Gab○, etc. received sexual contact at the time of the visit to Vietnam (hereinafter referred to as “sexual contact part”), but the Embassy, etc. took control over it (hereinafter referred to as “sexual contact control part”), and received a bribe (hereinafter referred to as “the bribe part”), raised suspicions, and posted an interview seven times.

2) As to this, Song Young-ro filed a charge of violating the Public Official Election Act, the prosecution charged him/her on the charge of 00 ○○○ and Gamb○○, etc. On the charge, the first instance court of Incheon District Court (2010 Gohap774) acquitted him/her on the charge of violating the Public Official Election Act. On the charge, the first instance court of Incheon District Court (2010 Gohap774) acquitted him/her on May 13, 2011, and convicted him/her on the charge of a bribe, and found him/her guilty on the part of a bribe, and found him/her guilty on the facts specified in a specific period and space. As to the part of a sexual intercourse, the prosecutor must prove his/her falsity-ro, which is the evidence presented by the prosecutor, and there is no other evidence to prove him/her to be false. Accordingly, the Defendants and the public prosecutor appealed on the appeal but the Seoul High Court (2011No142) dismissed both the Defendants and the public prosecutor’s appeal on August 30, 201.

On the other hand, there was no fact that the transmission path was present as a witness in the above trial process.

3) Accordingly, the Defendants and the Prosecutor appealed to the Supreme Court on April 11, 2013, which was the final appeal. The Supreme Court found Defendant 00 ○○ and Gab○ on the existence of the instant sexual traffic. The materials presented by the Defendant on the existence of the instant sexual traffic, based on the evidence submitted by the prosecutor, were sufficiently reliable. The said Defendants failed to submit any supporting materials. The said Defendants can be said to have proved that the instant sexual traffic was false without any reasonable doubt. The said materials were reversed and remanded to the effect that they were guilty of the instant sexual traffic, and the Seoul High Court (2013No1272) which was the appellate court after the reversal of the judgment, convicted him of the violation of the Public Official Election Act due to the publication of false facts on September 6, 2013, including the sexual substitute part, and the said judgment became final and conclusive on March 14, 2013.

4) In addition, on May 27, 2014, the Defendant posted a notice on the same content as the attached Form, as the facts constituting a crime.

B. Determination

First, it is reasonable to view that the Supreme Court's "whether or not there was a sexual intercourse" is a report or statement on specific past or present facts in time and space, which can be proved by evidence.

Then, considering that ○○○○○○○’s ○○○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○.

Reasons for sentencing

1. The scope of punishment by law: Fines not exceeding 50 million won;

2. Sentencing shall not apply.

3. Determination of sentence: Fine not exceeding five million won; and

The defendant explained clearly that commercial sex acts in Song-gu were false in the Supreme Court. Accordingly, the appellate court was convicted of the violation of the Public Official Election Act due to the publication of false facts on the premise that commercial sex acts were false after reversal and return, and the appellate court was convicted of the violation of the Public Official Election Act by 00 and 17 years old on the premise that the facts of commercial sex acts were false. The judgment became final and conclusive on the ground that 000 and 00 00 Gabbbbb, 00 were not appealed on the part of commercial sex acts, the control part of sexual intercourse, the part of violation of the public official law due to publication of the bribe portion, and the judgment became final and conclusive on the premise that the above part was false. In light of the fact that the defendant was sexual intercourse from Vietnam in Song-gu, and that the defendant was well aware of the fact that 17 years old-gu counsel was well aware of the fact, and that this act was a serious threat to the election culture and that this act constitutes a crime corresponding to the crime of this case.

However, the subject of sending such a notice was that the scope of publication was not wide as the Defendant and Kakaox who took conversations with the Defendant, and the case related to the Defendant’s notice was already problematic at the time of local election in 2010, and thereafter, 000 and 00 were finalized by being convicted of committing a crime of violating the Public Official Election Act due to the false public notice, and thus, the Defendant’s writing appears not to have a significant impact on the actual outcome of the Defendant’s local election in 6/4 local election. The fact that there was no criminal record against the Defendant, which is favorable to the Defendant, should be considered in light of the circumstances favorable to the Defendant, and the sentencing factors indicated in the records and arguments of the instant case, such as the Defendant’s age, environment, character and conduct, health condition, motive and means of the crime, circumstances after the crime, etc., are considered as a whole.

The acquittal portion

1. Summary of the facts charged

The Defendant is a lawyer in charge of the 00 ○○○ and Park ○○○’s defense, which brought about the suspicion of sexual traffic on the paths at the time of the local election in 2010, and was working as the head of the legal support group for the Preliminary Uniform that was sent to the candidate of the Mayor of Incheon Metropolitan City under the jurisdiction of the new party under the jurisdiction of the Incheon Metropolitan City Mayor on June 4, 2014 (hereinafter “6. 4”). The Defendant was a person who was working as a candidate for the head of the New Political Democratic Union under the jurisdiction of the Incheon Metropolitan City Mayor on June 4, 2014.

The defendant argued that the case is "conscept out of the suspicions of sexual traffic in the attached Form in the same manner as the date and time and place stated in the facts of the crime in the judgment." Next, the defendant was in charge of the defense for the person who raised the Vietnam sexual conscept against the candidate's "", and even though he did not perform any act that cannot be understood formally in Vietnam at the time of transmission despite an explanation about the red candidate, he did not know that the case was closed without thorough verification in the investigation agency or the trial procedure, he thought that the case was completed on June 4, 200 by preparing a notice of the same contents. The defendant published the false facts clearly that the transmitted route candidate would not be elected in the election of the Incheon Metropolitan City Mayor, and damaged the reputation of the sending path by openly revealing the false facts through the information and communications network for the purpose of slandering the sending path at the same time.

2. Determination

On the other hand, in the crime of defamation, a statement of fact means a report or statement on the actual relationship between the past and the present time, which is substituted by an expression of opinion with a value judgment or evaluation, and the contents of the statement mean that it is possible to prove by evidence, and in distinguishing between whether the statement of decision is a fact or opinion, the ordinary meaning and usage of the language, the possibility of proof, the context in which the expression in question is used, and the context in which the expression in question is used, shall take into account all the circumstances such as the situations in which the expression in question was made (see Supreme Court Decision 97Do2956 delivered on March 24, 1998), and the expression "non-acceptanceed defense", "an investigation agency or a trial procedure" means the expression in which the case was closed without thoroughly verifying the contents of the evidence so that it is not possible to prove the contents of the evidence and it is merely a value judgment or evaluation, and there is no evidence to recognize that the facts charged are insufficient to prove otherwise.

Thus, the above facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of crime. However, in this case where the court found the defendant guilty of violating the Public Official Election Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation).

Jurors's verdict

1. A verdict of guilt or innocence;

○ "guilty": Seven persons (one full-time)

○ Not guilty: 0 persons.

2. Sentencing Opinion

○ Suspension of qualifications for two years: two persons;

○ A fine of KRW 5 million to KRW 1,000: Four persons

○ Fines 3.0 million won: one person;

Judges Ham Jae-hwan

Judge domination

Cruel of sexual traffic

We look at the intention of the Sewol ferry, and reflect in depth what problems our society, including the author, including the author.

In addition, as mentioned in "I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am a safe and correct advanced country."

Under this premise, the election of local governments is important. Although each candidate's policies are important, we do not choose a honest voter who is able to see the people more fundamentally and genuinely, we do not transfer to Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea.

From this point of view, I think that the candidate for the new political democracy of Song Young-ro from the candidate for the Mayor of Incheon Metropolitan City in this local election is a political person with a lot of problems.

First of all, I think he is not able to be able to be honest. I argue that I will be able to agree on his sexual intercourses in Vietnam. The Supreme Court held that I merely ask for the crime of slandering by falsity against a suspected person who failed to provide specific proof on his sexual intercourses in Vietnam, and on whether there was sexual intercourses or not.

I do not see that it is not. chioyk.or. kr / xe/ bbs visit the relevant criminal data, and there are many contradictions in the defense of the candidates. It is a witness for the candidates that the proposal has a lot of contradictions in the defense of the candidates.

In other words, I did not appear in the court that requested the attendance at the court and testimony, but not appear in the court that completed. Various minutes report the documents submitted on the trial record and decide the documents.