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(영문) 수원지방법원 성남지원 2012.08.17 2012고단310
명예훼손
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant shall be the chairperson of the tenant representative of Seongdong-gu Seoul Metropolitan City, Sungnam-gu.

On April 201, the Defendant, at the end of the meeting, destroyed the honor of the victims by openly pointing out false facts by distributing printed matter or mail of some households among the above apartment 88 households, which read, “If the Defendant received KRW 30,000 won from the apartment election commission regardless of the time of the meeting, the Defendant received an attendance allowance of KRW 360,00 won per hour regardless of the time of the meeting.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Entics;

1. Application of Acts and subordinate statutes, such as a request for operating expenses of an election commission, a signature book and public announcement thereof, written consent from residents dismissed by the chairperson of the same representative council, and public announcement

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. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's assertion that the contents stated in the criminal defendant's and his defense counsel's inducements are not specific facts, and the contents thereof are true, and the defendant's act is against public interest and thus illegal.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court of this case, namely, the victims, who were the election members of the Seongdong-gu Seoul metropolitan apartment (hereinafter referred to as the “instant apartment”) in relation to the Dong representative election of the instant apartment, are the victims from November 29, 2010 to December 21, 2010.

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