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(영문) 수원지방법원 2018.05.31 2018고정573
명예훼손
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 30, 2017, the Defendant: (a) in the Kugung-gu Seoul apartment complex around Yongsan-si; and (b) in fact, the fact that the victim D embezzleds KRW 5,214,980 from the public funds of the Senior Citizens Association; (c) but, by means of a computer, the thickness of the members.

The title of the "Notice" is that "the victim embezzled and accused the 5,214,980 won of the public funds of the Senior Citizens' Association at the end of the first half of 2012, but is not prosecuted by the government policy. The victim embezzled the public funds, and the executive branch of the Senior Citizens' Association does not want to disclose it, but abandons his/her duties," and distributed it by means of placing it in the mail of 20 members of the Senior Citizens' Association, including E and F, etc.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Notice and decision of the result of handling the case;

1. Freshing articles (the thickness of a member);

D. D. Notice)

1. Application of Acts and subordinate statutes to investigation reports (attached to a written decision on non-prosecution of occupational embezzlement cases);

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act

1. The alleged defendant's distribution of printed articles is true and illegal in accordance with Article 310 of the Criminal Act, since the contents of the printed articles distributed by the defendant are distributed for the right to know of the members of the Senior Citizens Association.

2. In full view of the evidence in the judgment, it is recognized that the defendant's distribution of printed articles was false, and that the defendant believed that it was true.

Even if there is no reasonable ground to believe so, there is no room to dismiss illegality by Article 310 of the Criminal Code.

Defendant

We do not accept the assertion of counsel.

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