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(영문) 의정부지방법원 고양지원 2016.10.14 2016고단2161
명예훼손
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

As the title of “C” produced by the Defendant, the Defendant received a leaflet stating the contents of “Sasting of Cheongdae-man’s Office D and Sagle E, the main owner of the Cheongdae-man’s Office D and Sagle,” and “I wish to turn down the decline of support rate due to such decline into the dissolution of a eromatic eroding,” etc., and sentenced to non-discriminatory distribution to many and unspecified persons.

On April 6, 2015, the Defendant laid 11 in front of the front door of the AP apartment apartment 11 at Hanju-si, a light light around 21:2 on the same day, set up 30 copies of the same front door from the light park street adjacent to the 100 Mamar Mamar Mamar Mamna City on the same day. On April 22, 2015, the Defendant laid up 20 copies of the same front door on the way of Han-si Mamar Mamna City on the same day.

However, in fact, the victim D President did not have a relationship with E, and the Dogjin was dissolved by the decision of the Constitutional Court, and the victim did not go against public peace in order to conceal the dial of salt or lower the support rate thereby.

Accordingly, the defendant has damaged the reputation of the victim D President through three times.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Report on internal investigation (A’s attachment of a page photograph, or a photo of a leaflet);

1. A copy of the leaflet and a leaflet;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 48 (1) 1 of the Criminal Act (Evidence 1 and 2);

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include the fact that the defendant mistakenly acknowledges and reflects the fact that the defendant was not involved in the production of the leaflet, the number and distribution range of the disseminated leaflets, the degree of damage, and the defendant was punished once by a fine for this type of crime.

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