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(영문) 서울남부지방법원 2014.05.19 2014고정1161

명예훼손

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From November 2011 to July 201, the Defendant is a person in charge of the same representative of lessee in Yangcheon-gu Seoul apartment complex B, and the victim C is a person who was the joint representative of lessee in the above apartment complex from November 201 to July 2013.

Around July 2012, the Defendant, in the “council of lessees’ representatives” room in the above apartment complex, made a statement to the effect that “The victim C was able to receive the profit by putting D into the market by sunrise and sunrise, or to support part of the above revenue to the center of senior citizens,” and thereby, damaged the honor of the victim by openly pointing out false facts, despite the fact that the victim C was not willing to receive the profit by putting D into the center of senior citizens, or that the president E was able to support the center of senior citizens.

Summary of Evidence

1. Partial statement of the defendant;

1. Second police interrogation protocol against the accused;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to investigation reports (Attachment of a record CD or tape recording);

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of penalties;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the victim requested the Defendant to answer her fly, and that her fly had no intention to defame him. However, the following circumstances acknowledged by each evidence of the judgment are as follows: (a) the Defendant first requested the Defendant to disclose her fly to the public; (b) the Defendant made the Defendant’s statement to the public; and (c) the Defendant made the Defendant’s statement to the public; and (d) the Defendant did not undergo verification from the head of the senior group on the facts.