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(영문) 서울중앙지방법원 2013.10.24 2013고정234

명예훼손

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in a specialized construction business with the trade name “D” in Geumcheon-gu Seoul Metropolitan Government Award 4-211.

The Defendant, who was dissatisfied with the settlement of the contract price of the subcontracted construction work from the victim (jum) under the ground wells, filed a complaint with the victim’s president and the vice president, etc. under the charge of fraud, intimidation, and breach of trust, but was subject to a disposition of uncomponed violation of trust, the Defendant used a ticket containing false facts related to the victim company, and committed one person’s demonstration, and had the victim know such false facts to the public, thereby impairing the reputation

Accordingly, from around 09:30 on April 25, 2012 to 10:30 on the same day, the Defendant publicly damaged the victim’s reputation by openly pointing out false facts by openly making one-person demonstration, including impairing the victim’s reputation by openly pointing out false facts from around April 27, 2012, under the title “(s) of “(i) raising funds through the issuance of false tax invoices, (ii) acquiring construction cost, (iii) suspicion of receiving money and valuables between the head of all the site of (i.e., (ii) Hemor underground markets and cooperation companies, and (iv) impairing the victim’s reputation by openly doing so from around April 27, 2012.

Summary of Evidence

1. Legal statement of witness E;

1. Each police interrogation protocol against the accused (including the statement part of E);

1. Application of each police protocol of statement to E;

1. Article 307 (2) of the Criminal Act and Article 307 (2) of the same Act concerning the applicable criminal facts, the selection of fines;

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)1 of the Criminal Act for the detention of a workhouse;