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(영문) 춘천지방법원 원주지원 2012.08.31 2012고정5
명예훼손
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has a civil dispute over the victim E and the present location of the Diplomatic Organization, which belongs to the Korea Religious Organization.

On April 18, 2011, the Defendant submitted a petition to the general secretary office of Jongno-gu Seoul Metropolitan Government C religious Organizations to the effect that “the injured party shall administer narcotics. The injured party shall belong to a F religious organization, have entered and have his/her name entered in C Religious Organizations, and shall have his/her name entered in the C Religious Organizations.” On April 18, 201, G of the general secretary staff who received the petition was posted on the bulletin board of the office that can be seen by the general public.

However, in fact, the victim did not have administered narcotics, nor did he/she do so in Drhe/she mixing with women.

In the end, the Defendant submitted a false petition as above, thereby undermining the reputation of the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness G and H;

1. Each police statement made to E and I;

1. Investigation report (in addition to a copy of written opinion on the violation of the Act on the Control of Narcotics, etc., and a copy of the D company register), investigation report (in the currency report with the members of the General Affairs of F Religious Organizations); and

1. Notice of reasons for non-prosecution;

1. The application of Acts and subordinate statutes to petition filed by a suspect to the General Council of Religious Organizations;

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of penalties;

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

1. The Defendant and the defense counsel regarding the issue of Article 334(1) of the Criminal Procedure Act regarding the issue of the provisional payment order: (1) The Defendant and the defense counsel knew the victim E’s flight to C religious organizations and expected to take appropriate measures to grasp the actual flight condition, and submitted a written petition; and (2) the said written petition did not know at all the circumstances that it was posted on the bulletin board of C religious organizations, and thus, there was no intention of performance and defamation; and (2) the said content is based on facts, and thus, it constitutes a violation of public interest.

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