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(영문) 부산지방법원 동부지원 2014.09.18 2014고정636
명예훼손
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of the owner of the D hotel divided ownership and the representative body of the owner of the D hotel, and the dispatch audit of the D hotel management body of the D hotel.

On December 4, 2012, the Defendant pointed out that “F directors will point out, at the D hotel office located in Busan Shipping Daegu, the two photographs and the attitude of work in which they were dispatched with low will, and that he had recommended the representative director of the hotel to dismiss him. At present, this person was dismissed from the office of hotel director, and there was a situation where the investigation will be conducted from this State since this State, because he was accused of sexual assault, etc. with sexual intercourse with the employment of the hotel from G women, and he had had the desire to take care of his staff in advance, who had the desire to take up the president of the hotel before several years, sent to approximately 450 persons of the D hotel divided ownership and damaged the reputation of the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement law to H

1. Article 307 (1) of the Criminal Act applicable to the crimes;

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

1. The defense counsel's assertion regarding the defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that the crime of this case constitutes a case where the defendant alleged true facts for the benefit of sectional owners as the auditor of the shipping substitute hotel, and thus, the illegality of the crime of defamation is excluded pursuant to Article 310 of the Criminal Act.

The following circumstances acknowledged by the above evidence, i.e., the defendant, as a sectional owner or auditor, needs to raise an issue of the quality of the victim in the negotiation process relating to the distribution of earnings with D hotel as a result of sectional ownership, but the victim would be subject to investigation by being accused of sexual assault.

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