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(영문) 서울동부지방법원 2018.11.16 2018고정29

명예훼손

Text

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

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

Reasons

Punishment of the crime

The defendant is the head of the management office of Songpa-gu Seoul Metropolitan Government D apartment shopping mall (hereinafter referred to as "D shopping mall").

On September 1, 2016, at around 14:00, the Defendant: (a) at the 14:00 office of the 1st floor underground of the above D shopping mall, the Defendant: (b) sought access to the minutes of the general meeting and related accounting books against the Chairperson of the D Management Office working in the said office; (c) on the grounds that, at around 14:00, the Defendant, at the 1st floor management office of the above D shopping mall, the Defendant: (a) sought access to the minutes of the general meeting and related accounting books of the D Management Office (one female employee, two male employees, etc.) who was working in the said office; and (d) called “the person from the inside of the Do senior legal unit, was the senior legal unit.”

뻥을 치고 돌아다닌다 ”라고 3회 반복하여 큰 소리로 말함으로써 공연히 허위의 사실을 적시하여 고소인의 명예를 훼손하였다.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Statement made by the police with respect to E (including a certificate of graduation attached thereto);

1. Application of the statutes in which some of witness statements in I and J are written;

1. Relevant Article 307 of the Criminal Act concerning criminal facts, Article 307 (2) of the Criminal Act concerning the selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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