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(영문) 대전지방법원 2015.02.11 2014고정1037
명예훼손
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

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

Reasons

Punishment of the crime

Twosan Construction Co., Ltd. had been doing D construction in the vicinity of Sejong Special Self-Governing City, and paid money to the residents of the above village as compensation for property and mental damage suffered by residents of the above C due to the above construction.

Around 13:00 on February 21, 2013, the Defendant: (a) around 13:00, the above C Community Center, and (b) the fact that, despite the fact that, although there was no fact that E received compensation from residents of the village, E in this Chapter, the Defendant heard that “E received 10:20% of the mental consolation benefits from the construction of the two mountain, E received from residents of the village; and (c) on March 18, 2013, the Defendant told the residents of the above village to the same purport.

Accordingly, the defendant damaged the honor of the victim E by openly pointing out false facts.

Summary of Evidence

1. Legal statement of witness E, F and G;

1. Statement to E by the police;

1. A complaint filed by E;

1. Supplement of materials for complaints (Notification of the reasons for non-prosecution);

1. Application of statutes on the list of village members;

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 and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the sentencing sentence] 15 million won or less [the decision of sentencing] was made by the Defendant by pointing out false facts with respect to the victim, thereby impairing the honor of the victim. As a result, the victim appears to have suffered considerable mental pain. The amendment of indictment to delete part of the facts charged was made by taking into account the Defendant’s age, occupation, environment, circumstances of the instant crime, details, circumstances after the crime, etc., and the sentencing conditions stipulated in Article 51 of the Criminal Act as ordered.

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