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(영문) 부산지방법원 2017.08.09 2017고정1117
명예훼손
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

From April 2, 2016 to July 30, 2016, the Defendant damaged the honor of the victims by openly pointing out the fact that “102, 103, D, and E shall pay the unpaid management expenses” from the victim D and the victim E, who did not pay the management expenses at the time, to receive the management expenses.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. One photograph [ Even if the defendant attached the banner (hereinafter referred to as "the banner of this case") as shown in the judgment through the neighborhood meeting of the building C in the judgment of the defendant, as long as the defendant attached the banner of this case, the defendant is liable to do so, and it can be sufficiently recognized that the defendant had the intention to impair the honor of victims when viewed in light of the contents, size, location of the banner of this case, etc.];

Application of Statutes

1. Article 307 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The defendant and his defense counsel asserted that the defendant's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is dismissed since the defendant's "public interest" was a banner of this case for the "public interest", and acted according to the advice of the senior certified judicial scrivener.

In light of the purpose of Article 310 of the Criminal Act, the term “only when the alleged facts relate to the public interest” refers to the public interest, and an actor is also subjectively required to indicate the facts for the public interest. Of note, the matter pertaining to the public interest in such a period is widely related to the interests of the State, society, and other general public, as well as to a specific social group or its entire members.

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