(영문) 의정부지방법원 2021.03.11 2020고정1711

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2021.03.11 2020고정1711

명예훼손

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A victim B is a person who is holding the office of president of the clan C, and the defendant was the chairperson of the Emergency Countermeasure Committee of the same clan in 2015.

I are people.

At around 16:30 on September 24, 2020, the Defendant injured the victim’s reputation by openly pointing out false facts, stating that “The victim, even though he embezzled the money of KRW 900 million in the process of claiming the return of unjust profits with the above clans, he did not embezzled the money of KRW 100 million in the process of the judgment of claiming the return of unjust profits with the above clans in front of the Jung-gu Government District Court, the Defendant: (a) around 16:30 on September 24, 2020; (b) the Defendant: (c) the Defendant: (d) the Defendant: (d) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (e) the Defendant: (f) the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written confirmation of D facts;

1. Search of Supreme Court cases;

1. Application of Acts and subordinate statutes governing recording records;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is somewhat excessive in consideration of favorable circumstances such as the defendant's reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the facts charged of this case and reflects his mistake, and the defendant has no criminal record for the same kind of crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, occupation, sex, environment, family relationship, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제307조 제2항

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