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(영문) 서울남부지방법원 2013.08.06 2013고단1024
명예훼손
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is giving after-school guidance at the next house of the D Child Care Center operated by the victim C.

1. On July 201, the Defendant: (a) around July 201, the Defendant: (b) around the above child care center located in Guro-gu Seoul, Seoul; (c) provided that “(D) infant care teachers do not provide proper meals to children in the form of the school and take care of rainwater; and (d) infant care teachers are working in the absence of a certificate of infant care teachers; (c) infant care teachers are going to rest in the school and the child care center; and (d) the head of the kindergarten works in the child care center and rest in the school. The head of the kindergarten sent monthly salary to his employees, and the cook was replaced every two months by six months; and (d) six (6) infant care teachers are eating and drinking to all children; and (e) infant care teachers are provided to a child care center with a fixed number of 100 persons.”

The Defendant damaged the reputation of the victim by openly pointing out false facts.

2. On October 27, 2011, the Defendant made a false statement that “(D) child care centers were asbestos to H around the instant child care center, she would take rainwater on the roof to bath the children, which would be 109 children, which would be 109 children in school meal, and would not be shot away in the child care center, and the her husband would remain locked.”

The Defendant damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the C’s statement);

1. Statement to C by the police;

1. Application of the laws and regulations of H and I

1. Article 307 (2) of the Criminal Act applicable to the crimes;

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 Criminal Act;

1. Probation and community service order under the Criminal Act;

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