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(영문) 부산지방법원 2014.11.21 2014고정1444
명예훼손
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On September 27, 2013, the Defendant, at around 20:0, at the office for common facilities of residents of the residents of the Dong-gu Busan Metropolitan City, 108 Dong-gu, the Defendant, at around 20:0, had 21 apartment residents present at the neighborhood meeting, and “three representatives (victim D) are often present. Youth associations, women’s associations, etc.” The Defendant said that the Defendant was the representative (victim) in mind.

However, the victim D did not commit corruption, such as embezzlement or breach of trust of apartment management expenses, or acquisition of property in exchange for an illegal solicitation in relation to the owner of apartment construction, and there was no fact that the youth association and the female association did not have made the victim do so, and there was no fact that it did not have been spent without permission, such as embezzlement or breach of trust of apartment management expenses.

Accordingly, the Defendant damaged the reputation of the victim by openly pointing out false facts as above.

Summary of Evidence

1. Each legal statement of witness D, E, F, and G;

1. Examination protocol of the accused by the prosecution;

1. A copy of the complaint, minutes of the neighborhood meeting, and the present status of members present at the meeting;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 307 (2) 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. The defendant and his defense counsel asserts that the argument of the defendant and his defense counsel regarding the provisional payment order under Article 334 (1) of the Criminal Procedure Act is reasonable because the act recorded in the crime is true and solely for the public interest.

According to the evidence duly adopted and examined by this court, the defendant's statements can be acknowledged as false facts as stated in the facts constituting a crime, and the defendant misleads the defendant that the above statements were true.

Even if we consider the contents of the above statement, the circumstances leading to it, and all the circumstances acknowledged according to the above evidence, the defendant can believe it as true facts.

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