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(영문) 대구지방법원 포항지원 2013.12.06 2013고정446
출판물에의한명예훼손
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of "D", who is a living information newspaper.

1. On April 22, 2013, the Defendant published a newspaper in D (States) located in the south-gu F at the port of entry into the Republic of Korea on April 22, 2013, and published an article stating, “The force that has been organized into two groups to prevent the delivery of D newspapers to several sections, and that the distribution of newspapers has been destroyed by improvement and knife, and that two newspapers have been destroyed and indicted to the prosecution.”

The Defendant, in the same day, distributed 10,00 newspapers, such as the street in front of the H pharmacy near the north-gu G at the port, thereby undermining the honor of E by openly pointing out facts.

2. (State) On Apr. 29, 2013, the Defendant published DNA newspapers at the same place as the foregoing Paragraph 1 of the same Article on Nov. 11, 2011, when he publishes DNA newspapers on Apr. 29, 2013, and is exposed at the scene of theft and theft, which is now being tried at the Daegu District Court, which is organized into two groups, and steals them so that the DNA newspapers may not be delivered to several parts, and on Mar. 9, 2013, the Defendant destroyed 220 newspapers by improving their distribution, knife, etc.

The detection and indictment was made by the prosecution.

The article was inserted in the article.

The Defendant, in the same day, distributed 10,00 newspapers, such as the street in front of the H pharmacy near the north-gu G at the port, thereby undermining the honor of E by openly pointing out facts.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement by the witness J;

1. Application of Acts and subordinate statutes to copies of newspaper articles;

1. Relevant provisions of the Criminal Act and Articles 309 (1) and 307 (1) of the Criminal Act concerning the choice 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant and defense counsel posted the article of this case for the public interest, and social norms.

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