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(영문) 부산지방법원 2014.06.19 2013고정6366

명예훼손등

Text

Defendant shall be punished by a fine of 2.7 million won.

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

Reasons

Punishment of the crime

1. On December 10, 2009, the Defendant defamationd the victim’s reputation by openly pointing out false facts by referring to the victim D, among the dong residents, and referring to whether a steel company, which received entertainment from F, a steel company in E, would have to operate it at the same level as a compensation for donge.”

2. On December 19, 201, the Defendant made a phone call to the victim I who operates the “H” in Gangseo-gu Busan Metropolitan Government by using his mobile phone at around 09:30, the Defendant threatened the victim by saying, “I would inform the victim of the fact that there are a large number of studio accusations and that I would inform the public of the fact that I would bring about the complaint as an illegal building, and if I would bring about the complaint, I would bring the public official in our country to go against the party.” On the following day, I would like to find the victim as the H office “I would not go against Neman’s funeral service.”

3. On September 17, 2007, the Defendant sought a victim K who operated a brin restaurant at the construction site of the J golf course located in Gangseo-gu Busan, Busan, and entered the victim into the agreement that “If the J golf course president and the construction site president are well known, no funeral shall be provided.” Around September 17, 2007, the Defendant received KRW 50,000 in cash from the Defendant’s residence located in Gangseo-gu, Busan.

Summary of Evidence

1. Partial statement at the second trial date of the defendant;

1. Each protocol of examination of witnesses I, K and M;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 307(2) of the Criminal Act, Article 307(2) of the Criminal Act, Article 283(1) of the Criminal Act, Article 350(1) of the Criminal Act, and Article 350(1) of the Criminal Act, the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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