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(영문) 수원지방법원 2012.10.10 2011고정2561
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around August 2010, the Defendant: (a) did not have embezzled money from the complainant E, while working in the G, the complainant, and (b) did not have been employed as female employees at the drinking house; (c) on the ground that “E is mixed with the Plaintiff; (d) is embezzled at the time of entry of cash at the time of absence of the president; and (d) is the origin of the former amusement facility.” In addition, the Defendant damaged the reputation of the complainant by openly pointing out false facts.

2. On September 2010, the Defendant, at the same place as the foregoing 1. Paragraph 1, told G and H as the foregoing 1., thereby impairing the reputation of the complainant by openly pointing out false facts.

3. On November 2010, the Defendant, at the same place as the above 1. Paragraph (1) above, damaged the reputation of the complainant by openly pointing out false facts with G and H as stated in the foregoing 1.

4. On March 1, 2011, the Defendant, at the same place as the above 1. Paragraph 1., posted to G and H, as indicated in the foregoing 1. The Defendant, thereby impairing the reputation of the complainant by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The entry of witness E in the second protocol of trial;

1. Application of Acts and subordinate statutes on police statements made to G and H

1. Article 307(2) of the Criminal Act applicable to the relevant criminal facts and Article 307(2) of the choice of punishment (generally, choice of fines);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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