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(영문) 대구지방법원 2016.04.08 2015고정2338
명예훼손
Text

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

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

Reasons

Punishment of the crime

The defendant is a member of the branch office of the Korea Disabledbuk-do in the Gu and the defendant is the secretary general of the above branch office of the Korea Disabledbuk-do.

On January 29, 2015, the Defendant: (a) made a civil suit to pay KRW 30 million to a labor committee member’s association; (b) made a civil suit to pay KRW 30 million; (c) made a judicial suit (Embezzlement and breach of trust) by the direction of the president of the first five association; and (d) made an incentive to the president of the present branch office, the secretary general, etc., of the F Hospital funeral service with KRW 28% of the monthly fee for each business of the F Hospital funeral service; (d) made a complaint by members; and (e) made a civil suit to pay KRW 30 million to the members association; and (e) made a civil suit to dismiss KRW 50 million; and (e) made it possible for the head of the present branch office, the secretary general, etc. to send all responsibility to the president of the branch office, etc., on January 29, 2015; and (e) made it possible for the head of the said branch office, etc., sent to the head of the said Do 250.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A lake and marsh;

1. Notice on the result of disposition of the case under consideration;

1. Application of Acts and subordinate statutes on postal list;

1. Article 307 (1) of the Criminal Act applicable to the relevant criminal facts and Article 307 (1) of the choice of punishment;

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

1. In the event that an act of damaging another person’s reputation by openly pointing out a fact-finding on the assertion of illegality under Article 310 of the Criminal Procedure Act (Article 334(1) of the Criminal Procedure Act) is committed, in order for not to be punished under Article 310 of the Criminal Act, the alleged facts are related to the public interest when objectively viewed.

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