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(영문) 창원지방법원 거창지원 2012.08.22 2011고단442

명예훼손

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a member of the Diplomatic Association located in Sinnam-gun C, and the victim E is a member of the same church, and the victim F is a member of the victim E.

Around April 12, 2011, the Defendant heard the horses that “A family E’s husband’s wife F was married with her husband’s marriage,” from G and H, who is the head of the same church.

Accordingly, on May 1, 201, the defendant held a church meeting on May 1, 201 and decided a disciplinary measure of three months of suspension from office against the victim E, who is the father of the female, committed a sexual intercourse prohibited by the sexual intercourse.

After that, at around 16:00 on May 8, 201, the Defendant made an advertisement after completing a course of worship at the same church worship, and made a decision to impose a fine for three months of suspension from office on E’s office due to the fact of being pregnant by the child F of E’s child before marriage and having married by the female F of E’s child. The head of E’s house must be well aware of his/her child and his/her own house. In this context, the Defendant deemed that he/she should be well aware of his/her child and his/her house, and therefore, the pregnancy before marriage is a father of the church law, and thus, he/she should be punished.” In addition, the Defendant publicly announced the fact that “the child F of E’s child was pregnant before marriage, and thus, damaged the victim E and F’s reputation by openly pointing out the fact.”

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the prosecutor's office and police interrogation protocol of the accused;

1. Some police interrogation protocol of H;

1. Each police statement to I, E, J, G, and K;

1. Application of Acts and subordinate statutes, such as a petition for accusation, a written statement, each investigation report, a bend and a statement of watches;

1. Article 307 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is the victims at the time.