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(영문) 수원지방법원 평택지원 2014.05.22 2014고단167
명예훼손등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 1, 1995, the Defendant exchanged the Victim F with the Victim F who operated the Company E while operating D at Pyeongtaek-si Corporation, but the Defendant agreed to receive five million won from the victim on June 18, 1999 when the Defendant Company defaulted due to the nonperformance of the Victim’s Promissory Notes. On September 25, 2006, the Defendant agreed to receive two million won from the victim again on September 25, 2006, the Defendant continuously demanded the amount from the victim, but the victim refused it, thereby impairing the honor of the victim by attaching a banner stating false facts to the victim’s residence, and neglected to intrude the victim’s residence without permission.

1. On December 5, 2012, the Defendant posted a banner stating the false fact that “F is prohibited from paying national taxes by making the victim F, who was in Pyeongtaek-si G, lose his/her own property monm to the D company and house due to the default of payment of bills and the guarantee by failing to pay the bill, and by making the victim lose his/her property monm to the D company and house.”

From the above date to November 1, 2013, the Defendant posted a banner stating false facts at least nine times in total, such as the list of crimes (1) in attached Form 1.

Accordingly, the Defendant, by pointing out false facts, damaged the honor of the victim.

2. On June 20, 2012, the Defendant violated the victim’s residence by entering the victim’s first floor security door in the manner of entering the victim’s house into the said apartment site’s house’s entrance with the victim’s residence in Pyeongtaek-si building 104, where the victim F’s residence was located. As such, the Defendant invaded the victim’s residence in front of the victim’s residence, by entering the safety door of the first floor of the said apartment site’s residence.

From the above date to November 5, 2013, the Defendant invadedd the victim’s residence over 69 times in total, as shown in the list of crimes (2).

Summary of Evidence

1. Legal statement of witness F;

1. Statement of the Police Statement with F 1.

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