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(영문) 서울중앙지방법원 2015.12.18 2015고정4249
명예훼손
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In around 2013, when there was suspicion of embezzlement of the victim D's expenses for the care of the elderly, which is the president of C Apartment Women's Council, the above apartment representative council confirmed that the self-audit was normally held and the victim did not have embezzled.

Around August 21, 2015, the Defendant was well aware of the foregoing facts, but around August 21, 2015, at the Jung-gu Seoul Metropolitan Government Senior Complex, 41 senior citizens members, including E, etc., embezzled public funds without holding the right for senior citizens by distributing copies of printed materials and copies of the money withdrawals of women's association to the effect that, by doing so, the victim embezzled public funds without holding the right for senior citizens.

However, facts have been normally held, and there was no fact that victims embezzled public funds.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A complaint;

1. Application of Acts and subordinate statutes to lives and girls' books;

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

1. Articles 70 (1) 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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