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(영문) 부산지방법원 동부지원 2014.04.14 2013고정693
명예훼손
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From September 11, 2012 to September 21, 2012, the Defendant: (a) produced printed items stating the following that “The victim D, the chairperson of the council of occupants’ representatives, committed an illegal election using the resident’s personal information; (b) obtained personal information from 1270 residents (E, F Litigations, G, etc.); and (c) used them to commit an illegal election whenever an election is held; and (d) distributed them to 1,000 residents H to 1,00 residents, thereby openly indicating false facts, thereby impairing the reputation of the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Statement by the witness J in the third protocol of trial;

1. Statement of K witness in the fourth protocol of the trial;

1. Statement of the police concerning L;

1. Application of Acts and subordinate statutes (limited to why it can be made so far);

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The argument that the Defendant believed the truth with the content of the corruption related to the victim, and prepared the above documents for the purpose of the public interest, so the illegality is dismissed.

First of all, according to the above evidence, the facts constituting a crime as indicated in the judgment are sufficiently recognized (it cannot be deemed that the issuance of a list made as part of the general office transfer system is the leakage of personal information). Next, in the case of the allegation of illegality, in order to eliminate the illegality of the statement of health or false facts, the defendant believed that the stated facts are true.

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