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(영문) 인천지방법원 부천지원 2015.08.20 2015고정367

명예훼손

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates D’s “D” at the Seocheon-si, Seocheon-si, Seoul, and the victim E is a general manager of the above shopping mall, who operates the said shopping mall in 203.

The above commercial building was filed for the reason that the victim embezzled the management expenses without disclosing the details of the management expenses, and the F was newly elected as the president of the above commercial building operation council, but G and the victim are dissatisfied with the former president of the commercial building operation council.

1. On January 14, 2014, the Defendant damaged the reputation of the victim by openly pointing out false facts by stating that “A victim shall grow up with the same age as a fraud,” while a male with H and his name is heard from the art education institute for the operation of the victim of the second floor of the commercial building. These two years, as soon as the occupants are faced with with, and as soon as possible, this Domine shall have stolen money, and by publicly pointing out false facts.”

2. 피고인은 2014. 4. 10. 위 상가 1층 복도에서, 훼손된 위 상가 CCTV를 수리하는 성명불상 기사와 상가 관계자들이 듣고 있는 가운데 피해자에게 ‘다 들으라고 해, 너희 둘이 다 썼잖아, 마음대로 썼잖아 일억을..그리고 그렇게 돈을 썼으면..걸렸으면 미안하다고 해, 최소한’이라고 말함으로써 공연히 허위 사실을 적시하여 피해자의 명예를 훼손하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, I, F, and J;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the complaint (including accompanying documents), notification of reasons for non-prosecution, decision of non-prosecution, record form, each investigation report (including accompanying documents), each decision form, application form (including accompanying documents, page 238 of the investigation records), additional data submitted (including accompanying documents);

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. The former Criminal Act No. 12575, May 14, 2014.