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(영문) 부산지방법원 2018.07.09 2018고정568
명예훼손
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the president of the L Women's Organization Council from February 19, 2013 to February 24, 2015.

On December 23, 2013, around 10:45, the Defendant brought a dispute with the victim as a matter of subsidies from the council of the above female groups in the vehicle of the victim M (65 years of age, female) who was stopped on the road located in the Mag-dong, Cheongju-dong, Busan, Seo-gu, Busan. The Defendant brought a complaint against the victim as a crime of injury, but the victim was acquitted as a result of the judgment, and the appeal was dismissed by the Supreme Court around September 28, 2016.

At around 14:00 on February 24, 2015, the Defendant: (a) held in the office of the president of the Council of L Women’s Organizations Council of the 7th century located in Busan N; (b) under the circumstances where multiple members, such as O, P, Q, and R, who are gathering 150 members of the said organization, are well aware of the criminal cases between the Defendant and the victim; (c) on the other hand, the Defendant used the victim while carrying out the said microphones and driving the victim at the time of the transfer personnel management.

In order to live without death, the author has written a letter of coercion that he/she would inevitably leave the position of the president, and has been hospitalized in the hospital for three weeks due to alta and violence.

"A person who has caused a crime" should be removed from a female organization, but currently the mother member is working as a female organization, and therefore, he/she will speak in order to prevent a crime for the public interest.

The honor of the victim was damaged by publicly pointing out the fact that “I do not have any girrity with the mother members.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness M,O, and Q;

1. Court rulings;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Results of the case search in B);

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

2. Selection of an alternative fine for punishment;

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

4. Article 334 of the Criminal Procedure Act of the Provisional Payment Order.

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