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(영문) 춘천지방법원 강릉지원 2018.05.15 2017고단887
명예훼손
Text

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

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

Reasons

Punishment of the crime

On November 2015, the Defendant was the president of the C Federation, and the victim D was the next president at that time.

On November 2015, 2015, the Defendant, at the restaurant called the “F” located in Gangwon-si, Gangwon-si, a member of the said federation, G and H, and “The victim is a financial director at around 2004, who is a member of the said federation, and is a person of a non- moral nature personally useful public funds of the federation. If the victim is the chairperson, the victim is less paid the federation, and how such frien can become the chairperson.

“.....”

However, the victim did not have used the 1,1940,000 won in personal as a substitute for the contest in 2004. On December 14, 2007, the victim reported that the victim did not use the above public funds individually, and the victim did not know that he was the vice-chairperson of the meeting of the advisory group in 2007.

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

Summary of Evidence

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

1. Application of Acts and subordinate statutes to the sign of a participant at the meeting of the adviser group, a written statement of business affairs, minutes, the collection status, the statement of accounts, the statement of accounts, reply, etc. to confirm the deposit of five million won, tax account statement, confirmation statement, and proposal statement;

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

1. The main point of the argument is that the Defendant did not prove that the victim was not able to use the public funds of the C Federation, and thus, the illegality is excluded in accordance with Article 310 of the Criminal Act as it was for the public interest without the awareness that it was false.

2. Determination

(a) The illegality of an act constituting an offense of defamation by a publicly alleging false facts.

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