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(영문) 서울북부지방법원 2017.11.24 2017고정393
명예훼손
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

In collusion, on July 22, 2016, the Defendants, in front of Dongdaemun-gu Seoul apartment, damaged the reputation of the victims by distributing the printed items to the apartment residents by openly pointing out false facts, although there was no fact that the Defendants received replacement works, such as LED, from the construction company, on the part of the victims N,O, P, Q, R, R, T, T, U,V, W, and X at the time of the 6th representative of the Dong government.

Summary of Evidence

1. Each legal statement of the witness, Y, and Z;

1. Each police statement made to the N or A;

1. Complaint;

1. An investigation report (the person who performed the ELD replacement project);

AB Representative Director AC and C)

1. Application of inducements and photographs prepared by AA, and statutes;

1. The Defendants: Articles 307(2) and 307(2) of the Criminal Act and Article 30 of the same Act concerning criminal facts;

1. Sentence Defendants: 300,000 won per fine; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. The defendants of suspended sentence: Determination as to the defendants and their defense counsel's assertion under Article 59 (1) of the Criminal Code (the defendants did not directly prepare the inducements of this case, and the defendants did not have any criminal record other than the initial crime or the one sentenced to a fine)

1. The Defendants believed that the contents of the instant case as indicated in the printed material were true, and there was considerable reason to believe that the Defendants distributed printed material for the interests of apartment occupants. Thus, the illegality is excluded in accordance with Article 310 of the Criminal Act.

2. According to the evidence duly adopted and examined by this court, the contents of this case stated in the inducement cannot be deemed to be true, and as long as the Defendants distributed the printed materials containing such contents without sufficiently verifying the facts.

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