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(영문) 서울북부지방법원 2014.04.11 2013고정2472

명예훼손

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On April 6, 2013, the Defendant was a large number of unspecified occupants, and around 10:25, the Defendant damaged the reputation of the victim by pointing out false information by attaching an incentive with the content of “a reply to the transfer transfer case” to E, even though the victim D duly transferred the representative position through the council of occupants’ representatives on April 19, 2012.

2. On April 10, 2013, the Defendant: (a) around 09:10, the Defendant was a large number of unspecified occupants; (b) on the elevator entrance bulletin board and the corridor of each household room, Dobong-gu Seoul Metropolitan Government, Dobong-gu, Seoul, the Defendant damaged the victim’s reputation by openly pointing out false facts by posting and spraying printed materials stating the following: (c) the victim D has a clear occupation; (d) the victim embezzled public funds of KRW 1,000,000,00,000; and (e) there was no fact that he embezzled public funds of KRW 1,00,000,000.

Summary of Evidence

1. Legal statement of witness F;

1. Statements made by witnesses D and E in the third protocol of trial;

1. Investigation report (Attachment to the council of occupants' representatives submitted by complainants);

1. Response to hand-over and hand-over articles;

1. Application of CCTV image photograph Acts and subordinate statutes;

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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;