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(영문) 창원지방법원 진주지원 2017.11.30 2017고정285
명예훼손
Text

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

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

Reasons

Punishment of the crime

On December 18, 2016, the Defendant was gathered for the election of the head of the C community, despite that the C community center was not a disguised person, such as the victim D residing in E from around 2012 to work as a Saemaul leader in the C community, etc., around 12:00.

In order to hear 46 residents of the community, such as F and G, "D is a person who has no right to vote as a disguised occupant.

“The honor of the victim was damaged by openly pointing out false facts.”

Summary of Evidence

1. Legal statement of witness D, F and G;

1. A protocol concerning the examination of the police officers of the accused;

1. Complaint;

1. The Defendant asserts that the illegality of the Defendant’s assertion of the investigation report (attached to documents submitted) was excluded as the Defendant stated false facts and did not impair the honor of the victim, and it stated true facts for the public interest.

According to the evidence, the defendant, despite the fact that the victim D is not a disguised person, in light of the following: (a) despite the fact that the defendant made a false statement to the effect that "D was a disguised person without voting rights; (b) the defendant was the victim at the time of the next election; and (c) the defendant was competing with the victim; and (d) the defendant made a statement based on objective data or did not confirm whether or not the victim was true, the defendant made a statement solely for the public interest.

The defendant's assertion is not acceptable.

Application of Statutes

1. Article 307 (2) of the Criminal Act and Article 307 of the same Act concerning the crime, the selection of fines;

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

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

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