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(영문) 대구지방법원 2014.02.07 2013고정1435
명예훼손
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

On November 2012, 2012, the Defendant attached to the wall side of the 1st floor ELV of the building in Daegu-gu, Daegu-gu, Daegu-gu, the following documents: “A4 paper is attached stating that “A4 paper is accused of personal money, instead of using it, such as water, expense monthly pay, electricity, fire prevention management, repair cost, disinfection, etc., and personal money,” stating that “A4 paper is attached to the wall of the 1st floor ELV of the building in Daegu-gu, Daegu-gu, Seoul-gu, stating that “I would not pay attention to, or pay management expenses to, the tenants of the C-building, and the reason (Reasons) - - the management expenses paid by the tenants equivalent to KRW 0

However, in fact, the victim E did not have obtained the management cost as above, and there was no accusation with the Daegu Southern Police Station that obtained the management cost at the time of attaching the above paper.

Ultimately, the Defendant, as seen above, damaged the victim’s reputation by openly pointing out false facts by posting a letter to the Daegu Southern Police Station that “the victim was accused of committing the crime of defraudation of management expenses.”

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Each protocol of examination of the police officer's suspect against the defendant (including the E Statement);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (the submission of a petition by a suspect through embezzlement to the complainant-suspect) (the submission of a written petition by a suspect), a criminal investigation report (to hear a victim's telephone statement) and an investigation report;

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of penalties;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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