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(영문) 대구지방법원 2017.01.25 2016고정1650
명예훼손
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant shall be the chairperson of the Senior Citizens Association in North Korea, and the victim D shall be the chairperson immediately before the above C Senior Citizens Association.

1. On May 22, 2015, the Defendant prepared a “written petition to Dong residents,” stating that “The damage, who is the immediately preceding president, deposited the Defendant’s business transfer to the head of the senior citizens’ hall at KRW 880,766,760, which is part of the public funds, in the course of performing the business transfer of the senior citizens’ association, shall be deposited into the head of the senior citizens’ hall at KRW 880,760,000, and the remainder of KRW 1,885,730, which is not returned,” and damaged the victim’s reputation by openly pointing out facts by bringing about 51 members of the senior citizens’ association, village residents’F, and G, etc.

2. On December 2015, the Defendant published a corruption case book with the content that the victimized person embezzled public funds at the above Defendant’s home, and sent one copy to the head of the Myeon Office of Village G, F, and H, respectively, and kept one copy in the senior citizen center so that many and unspecified persons, such as senior citizens and residents, can be seen by the senior citizens and residents, thereby impairing the honor of the injured person by openly pointing out facts.

Summary of Evidence

1. Part of the defendant's legal statements;

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

1. Part of the witness K's legal statement;

1. The application of each content certification (Evidence List 2, 6, 15 No. 2, 15), the closing of accounts, minutes, explanatory materials, demands for voluntary resignation, last overlaps, documents received, confirmation of receipt of the petition, written reply proving the contents, written non-Confidence resolution of the C Older Persons' Association Chairperson, written reply for the receipt of the H-defacing case, written reply for the receipt of the H-defacing case, written reply for the receipt of the H-defacing case, photo of the unlawful corruption case kept, and the attached copies (Unlawful corruption case);

1. Relevant provisions of the Criminal Act and Article 307 (1) of the Criminal Act concerning the selection of punishment for a crime;

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

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant is the former president.

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