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(영문) 대구지방법원 상주지원 2014.12.23 2014고정158
명예훼손
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On February 27, 2014, at a community center for senior citizens located in C around 11:30, the Defendant said that “the victim was drinking KRW 3.6 million to the fund of the Senior Citizens Association even though there was no fact that the victim E arbitrarily embezzled 3.6 million of the fund of the Senior Citizens Association,” while there were 30 senior citizens members, such as D, at a community center for senior citizens residing in C around 2014.

2. On March 8, 2014, around 11:30, the Defendant stated the same purport to the above victim among the 30 senior citizens members, including D, at the same place as indicated in the foregoing paragraph (1).

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

Summary of Evidence

1. Part E of the protocol of interrogation of the accused against the prosecution (the statement that the accused made a false statement as stated in the ruling, and the investigation records No. 92, 93, 96 pages);

1. Statement made in relation to D's statement (the statement that the defendant made the same statement as the facts indicated in his/her judgment and the investigation records No. 48, 49 pages);

1. Statement on F’s statement (a statement that the Defendant made the same statement as the facts indicated in the judgment, and Articles 63 and 64 of the investigation record) [a statement that the Defendant and his defense counsel denied the fact that the victim’s reputation by making the same statement as the facts indicated in the judgment of the Defendant, but according to the evidence above, the above evidence recognizes the fact that the Defendant made the same statement as the facts indicated in the judgment, thereby impairing the victim

1. Relevant Article 307 (2) of the Criminal Act concerning facts constituting an offense and Article 307 (2) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so ordered as to take into account the following facts: the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act has no record of criminal punishment; the Defendant’s age, character and conduct and environment; the motive, means and consequence of the crime; and the conditions of sentencing as shown in the instant pleadings, such as the circumstances after the crime.

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