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(영문) 서울동부지방법원 2013.05.23 2012고정2712

명예훼손

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

On November 7, 2011, the Defendant is in the settlement of accounts of D clans in the Doh of the D clans in the area of the Dohs of the Dohs of the Chungcheongnam-nam, Chungcheongnam-si, the Dohs of the D clan.

1. In executing the settlement of accounts in October 2009, the fact that the title truster paid the honorarium E 35,00,000 won for the title truster, F 35,000,000 won for the paper, and G 35,000,000 won for the paper, was confirmed to have taken back 15,00,000 won for each end of the year. The thickness of all end president (H) distributed the printed material of “the return road........ (Haw)” at the 25 members, including I, who were the paper, and read it.

However, on September 19, 2009, there was a resolution of the Steering Committee to pay KRW 40 million to E, F, and G 3, a title trustee of D clan, and the execution was completed accordingly. The three of the three of the three of the three of the three of the members of the clan were born, and each of the members of the clan was 4 million won, and was divided into five hundred million won for the members of the clan. At the time, the victim H, who was the chairperson of the clan, was divided into KRW 1 million for the number of the members, and there was no fact that the victim returned KRW 15 million from the three of the above three.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, F, and H;

1. Settlement of accounts, and application of Acts and subordinate statutes concerning business reports, 2010;

1. Relevant Article 307 (2) of the Criminal Act concerning facts constituting an offense and Article 307 (2) of the Criminal Act selecting a penalty;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The defendant and his defense counsel's assertion and sentencing of the defendant and his defense counsel under Article 59 (1) of the suspended sentence shall not be deemed unlawful for the defendant's timely statement of the facts charged in this case concerning the facts charged in this case where there are reasonable grounds to believe that the defendant is true or true.

Modern, each of the above evidence.