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Reasons
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(영문) 대전지방법원 공주지원 2013.04.12 2012고정160
명예훼손등
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Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 23, 2012, the Defendant is the head of the “D Diplomatic Association” in Chungcheongnam-gun C, and on August 23, 2012, at the office of the Diplomatic Association around 20:30, the Defendant publicly insultd the victim F, who is the victim of the above church, who is the head of the above church, “I leave the church because he is the criminal law? I leave the church. I am the nine times, and make a false statement. I am the victim. I am tell the victim by openly insulting the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Around August 7, 2012, the summary of the facts charged: (a) the Defendant indicted the victim F with defamation and issued a summary order of a fine of one million won to the victim; and (b) the Defendant confirmed this fact through a court; (c) around August 22, 2012, the Defendant stated that “a fine of one million won was received from the victim E and H, who are the members of the above church.”

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

2. According to the Defendant’s legal statement and each police’s statement on E and H, it is recognized that the Defendant made the above statements at the above time and place.

However, according to the above evidence, the F filed a complaint on the part of the times on the part of the times, but the F reported that he was not guilty. After the above defamation complaint case, D church was divided into a person supporting the defendant and a person supporting the F, and there was a dispute, E is the head of the above church, and H was the head of the above church, and H was investigated as a witness for the above defamation complaint case. In particular, E is a dispute.

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