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(영문) 의정부지방법원 2013.04.18 2012고정653

명예훼손

Text

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

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

Reasons

Punishment of the crime

On November 11, 2011 and November 18, 2011, the Defendant, even though there was no fact at all at all at the E Bank Risk Management Committee located in Seongbuk-gu, Sungnam-si, the Defendant sent 2 times to the Defendant a letter stating false facts, such as “instigates residents to bring a lawsuit by inciting residents, divide occupants, and drink them at the time of a meeting,” and openly damaged the Defendant’s reputation.

Summary of Evidence

1. Statement made by a witness F in the third protocol of the trial;

1. Police seizure records;

1. A written petition;

1. Application of Acts and subordinate statutes to fingerprinted and replies at criminal scene;

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

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The alleged defendant and his defense counsel asserted that the content of the instant letter is not able to be disseminated.

2. Public performance in the crime of defamation under Article 307(1) of the Criminal Act refers to the state in which many, unspecified or unspecified persons can be recognized. Thus, even if facts are distributed to one person individually, performance exists if there is a possibility of spreading them to many, unspecified or unspecified persons. On the other hand, performance does not exist unless there is such possibility.

I would like to say.

(See Supreme Court Decision 96Do1007 delivered on July 12, 1996). According to F’s statement in this court and in investigative agency’s statement, F was in office as a contractual position of E bank at the time. However, upon arrival of the instant letter into the risk management committee and the auditor’s office, the employee of the E bank confirmed the instant letter and discussed the contents of the letter, and then presented F’s letter to E by the head of the audit team. At the time, E bank employees used the same space together with 7 teams, and the team employees were in place at the meeting of the team leader, and the F was in place at a f.m., “I” to the e.g., “I”.