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(영문) 서울서부지방법원 2015.02.05 2014고정232

명예훼손등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 25, 2013, around 08:40 on August 25, 2013, the Defendant openly insultingd the victim E by dividing 50 members of the staff who passed the place of the Diplomatic mission in Gangnam-gu Seoul, by dividing 50 members of the staff, stating that “E is Fogs, only Fogs, and return to a party holiday.”

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. E prosecutorial statement;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Article 311 of the Criminal Act applicable to the crime;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On July 28, 2013, around 08:35, the Defendant, on the charge, destroyed the victim’s reputation by openly pointing out false facts by openly pointing out a false fact to the victim’s false fact. Notwithstanding the fact that the victim E received monthly salary as an armed riot of a church, the Defendant, despite of the fact that the victim E was not a member of the church.

2. Determination

A. According to the evidence as seen earlier, the fact that the Defendant divided the printed matter as stated in the facts charged is recognized.

B. Furthermore, it is deemed that the defendant alleged in the above printed article is false.

(1) The facts alleged by the Defendant in the above printed matter are that “E is committed to an armed riot with a hand million won on the monthly salary level.”

(2) According to the above evidence and the statement of the Diplomatic Confirmation, E is recognized as having not received monthly pay from Diplomatic Association.

(3) On the other hand, the following facts are acknowledged in full view of the evidence presented by the Defendant and the meeting operation rules, the certified copy of the D Welfare Foundation’s register, the minutes of the 31st D Welfare Foundation’s regular meeting meetings, and investigation reports (Listening to statements by the D Welfare Foundation’s Telephone

① F is a member of the D church, and the D Welfare Foundation.