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(영문) 울산지방법원 2019.06.11 2019고정255
명예훼손
Text

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

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

Reasons

Punishment of the crime

From October 4, 2016, the Defendant is the resident who resided in Yangsan-si B apartment, and the victim C is the joint representative of the support group of the B Apartmentju Law (the Act on the Compensation and Support for the Adjacent Areas of Transmission and Change Facilities) from around October 4, 2016.

1. Around December 2017, the Defendant stated the false fact that, around December 2017, in a place where it is difficult to know about the fact that the Defendant had been committing the crime, there was no cash return at the time of purchasing dynasium and rice with the aim of village development, and the Defendant did not deliver the returned money to the Defendant, despite the fact that there was no cash return from around 2016, the Defendant stated that the apartment resident D was given KRW 200,000,000 in the text message and telephone conversation.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. In the middle of January 2018, the Defendant stated that “The Defendant was 200,000 won at the time of having received cash return,” a false statement to F, a resident of the apartment complex, stating that “The Defendant was 200,000 won at the time of having received cash return,” regardless of the absence of the fact that the victim did not receive cash return in purchasing dynasium and rice with the aim of village development around January 2018.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each investigation report (F telephone conversations and witness D telephone conversations);

1. Article 307 (2) of the Criminal Act and Article 307 (2) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the suspended execution of the Criminal Act recognizes and reflects his mistake, the defendant has made a statement that may impair the honor of the victim to a specific person, and the victim has been caused thereby;

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