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(영문) 서울중앙지방법원 2012.12.18 2012고정971

명예훼손등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant, at around 18:07, around July 28, 2011, at the Dongjak-gu Seoul Metropolitan Government Management Office, on the case that D, a resident of the above apartment No. 301, prepared a confirmation document favorable to D and gave it to the victim E, F, and G, a resident meeting, on the ground that D, who is a resident of the above apartment No. 301, had prepared a confirmation document favorable to D.

80 80 800

I see. The victims were threatened by referring to “the openings.”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the Acts and subordinate statutes on witness E, F and G's statutory statements;

1. Article 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Subdivision of crimes under Articles 70 and 69 (2) of the Criminal Act with respect to detention in a workhouse;

1. The summary of the facts charged is that the Defendant, among April 2007, at the center of the Dongjak-gu Seoul Metropolitan Government C Apartment Management Office and the residents conference room, the victim F used the apartment repair money voluntarily from the Construction Financial Cooperative and did not use it for personal purpose, and the apartment parking lot was not leased to an outside person. However, the Defendant damaged the victim’s reputation by publicly pointing out false facts by publicly pointing out the fact that “F, at the same time, sold the 603 parking lot to the outside person by voluntarily finding the defect repair money from the Construction Financial Cooperative, which is an apartment resident, “F, at the time of finding the defect repair money as it was used for personal purpose by voluntarily finding the defect repair money from the Construction Financial Cooperative,” and “F, at the time of finding the defect repair money.”

2. It is not sufficient to recognize that the Defendant stated the above false facts in the above location of E, G, H, I, J, K, and L at the above location of the witness F’s legal statement, and there is no other evidence to acknowledge this otherwise.

Therefore, this part of the facts charged constitutes a case where there is no proof of crime, and Article 325 of the Criminal Procedure Act.