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(영문) 인천지방법원 2016.10.13 2016고정1358
명예훼손
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who was the representative of the tenant of the Nam-gu Incheon Metropolitan City, and the victim D is a person who worked at the same C Apartment Management Office.

On June 18, 2015, the Defendant was subject to a disposition of a fine (prosecution) and the victim was subject to the disposition of a fine.

1. On October 9, 2015, the Defendant phoneed to E, a representative of the council of occupants’ representatives, at an unsound place, and damaged the reputation of the victim by openly pointing out false facts by stating “D's fine is KRW 1.7 million.”

2. On October 13, 2015, the Defendant damaged the reputation of the victim by openly pointing out false facts by stating that “D has already been punished by a fine of KRW 1.7 million,” at the place where G, which was the management director, was located in the Dong-gu Incheon Regional Labor Office.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Notice on the result of disposition of the case under consideration;

1. Application of Acts and subordinate statutes to investigation reports ( Results of disposition of injury cases against suspects and complainants);

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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