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(영문) 인천지방법원 2014.06.27 2014고정282
명예훼손
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a fireworks with the trade name “D” in the Gyeyang-gu Incheon Metropolitan City 101.

On October 28, 2013, the Defendant distributed a written application stating, “I have reported a large number of physical mental harm caused by the civil petition for an illegal building filed by E to the Gyeyang-gu Office without reporting the said flowers, etc. as an illegal building to the victim E, thereby impairing the honor of the victim by openly pointing out false facts.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes concerning filing of a complaint and coal applications;

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The defendant and his defense counsel's assertion regarding Article 59 (1) of the Criminal Code of the Suspension of Sentence (Consideration to the background leading up to the crime in this case) and the defendant's above act was tried to submit to the court with a written application for a correction of the right of the commercial building and to prove innocence as his own right and the chairman of the commercial building, and therefore, the defendant's above act constitutes a legitimate act as not contrary to the social rules under Article

According to the above evidence of the judgment, although the victim did not report the fireworks, etc. to the Gyeyang-gu Office as an illegal building, it is clear that the victim reported to the Gu office by affixing a photo of the commercial building to the Gu office, thereby damaging the honor of the victim by openly pointing out false facts, while being tried by the Incheon District Court, the defendant reported a lot of physical and mental damage caused by the victim's civil petition for the illegal building filed by the tenant of the commercial building.

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