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(영문) 춘천지방법원 2015.09.03 2014고단1296
명예훼손
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 21, 2014, the Defendant: (a) embezzled the victim F (the age of 71) who was the Director General of the Gangwon-do Headquarters, at the time of election of the president of the headquarters in Gangwon-do; (b) stated in the indictment that the Defendant embezzled the amount of KRW 1 million out of KRW 3 million at the time of election of the president of the headquarters in Gangwon-do; (c) however, in light of the content of the written application for the change of the indictment filed on May 26, 2015, it seems reasonable to correct the above purport; and (d) if there is no risk that the Defendant’s exercise of his/her right to defense would cause any substantial disadvantage, it does not violate the principle of no accusation even if the court recognizes a fact differently within the same scope (see, e.g., Supreme Court Decision 2011Do1651, Jun. 30, 2011).

Although there was no fact per head in E, H’s director of the G Foundation stated in this Court that “The other person was involved in the work, and the defendant was unsatisfying with him, and he was satisfying with himself that he did not have any relation to his work, and the other person was unsatisfying.” As such, the defendant cannot be deemed to have made a statement at the time when H and nine employees were heard, and the above statement should be deemed to have been made only to H, and in light of the circumstances such as the status of the secretary general of the I Foundation, and there is a possibility of spreading words to an unspecified or large number of people in light of the circumstances such as the defendant or the victim’s no special relation with the defendant or the victim, the requirements of performance are satisfied.

In addition, in this case where the defendant does not dispute about the public performance, it shall be corrected for the same reasons as each share 1.

The "F" has been expelled from the J to the President of the Gangwon-do Headquarters.

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