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(영문) 대구지방법원 김천지원 2015.01.14 2014고정307

명예훼손

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has worked as a director in charge of C Council affairs.

On July 22, 2011, at around 10:00, the Defendant damaged the reputation of the victim by openly pointing out facts, including “F’s dismissal measures at the C Council E Security Education Officer of the said C Council, including the victim F, and 37 members, including the victim F, asked them about whether it is possible to dismiss F with respect to F’s disciplinary procedures, but not dismissed.” The Defendant made a statement to the Ministry of Government Legislation that “F’s dismissal measures were decided by the C Council Disciplinary Committee of the C Council.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol of statement to F;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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 defendant and his defense counsel asserted that the defendant's above statement was true and aimed at resolving the certificate of a commander of the workplace reserve forces on the disciplinary process against the victim, and that there was no intention, and that illegality is excluded in accordance with Article 310 of the Criminal Act.

2. An act that defames a person by openly pointing out a fact-finding shall not be punished in accordance with Article 310 of the Criminal Act, in order to prevent a person from being punished due to the dismissal of illegality in accordance with the provision of Article 310 of the Criminal Act, is related to the public interest, and the actor shall also indicate the fact for the public interest, and the fact shall be true, and “the public interest” refers not only to the interests of the State, society and other general public, but also to