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(영문) 부산지방법원 2013.03.28 2012고정5861

명예훼손

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Under the Defendant’s direction, B, etc.: (a) on August 29, 201, from around 09:00 to around 12:00, in the middle-gu Busan Central Police Station located in Jungdong-dong; (b) on the ground that E, the wife of the victim D, working for the said police station C, did not reimburse the Defendant of KRW 341 million; (c) on the ground that “the police officer, who gets involved in the fraud of denial, makes a false statement of fraud,” the term “the police officer, who gets involved in the fraud, clearly stated the detailed statement of usage of KRW 340,00 square meters in width; (d) 1 and 3,000 square meters in width; and (d) 3,000 square meters in length from around the same month to the day of the same month, 3,000 square tickets indicating that “The study expenses in Korea, while being mixed, did not live in one house.” (d)

As a result, the defendant and B had harmed the reputation of the victim by openly pointing out facts in collusion.

2. Under the Defendant’s direction, F et al. conducted a demonstration with a lower-standing card and a scamet as indicated in attached Table 4-6 from September 1, 201 to May 12:00 by the same month, including the demonstration in the same manner as the preceding paragraph, from around 09:0 to around 12:00, etc.

Accordingly, the defendant, in collusion with F, damaged the reputation of the victim by openly pointing out facts.

Summary of Evidence

1. Each prosecutor's interrogation protocol concerning A and B;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to accusation and photographs;

1. Article 307(1) and Article 307(1) of the Criminal Act and the choice of punishment for the crime, and the choice 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) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;