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(영문) 부산지방법원 2013.04.08 2012고정4291

명예훼손

Text

The pronouncement of sentence shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is the chairperson of the Dog Women's Association in Busan, and the victim E is a person who was the chairperson of the North-gu Branch Council of D leader of the Korea Federation.

Around July 5, 2011, the Defendant prepared a petition stating that “the victim is a person who has a lusent cans with women and public funds in relation to love collection, residential parking management, etc.” at the office of the Defendant located in the Seongbuk-gu Busan Metropolitan City, Busan Metropolitan City, and then sent the petition to the office of the branch office of Busan Busan Metropolitan City.

However, there was no fact that the victim has useful public funds of the Council at the time of performing its duties as the chairperson of the Council, or was in an influent relationship with women.

The Defendant sent the above written petition and made it available for perusal by H, etc. working at the above Busan District Office, thereby impairing the honor of the victim by openly pointing out false facts.

Summary of Evidence

1. A witness I's statement in this Court;

1. Each statement of witness E, J, K and L in the second protocol of trial;

1. Written statements of K and M, and written statements of the police against J;

1. Investigation report (K phone statement of a witness), investigation report (line statement of a witness);

1. Application of statutes on deliberation on rewards and recommendations to the Chairperson of the Gu/Gun Council;

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

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The purpose of Article 59(1) of the Criminal Code of the Suspension of Sentence is to inform the immediately higher-level agency of the illegality of the selection of the person to be rewarded and to ensure the propriety of the selection of the person to be rewarded through the fact-finding. In fact, the person who was aware of the contents of the petition of this case through reading the petition of this case or reporting the relevant contents was limited to J, K, and the Director General of the North-gu Branch Office to which I and the victim belongs.