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(영문) 서울남부지방법원 2013.05.16 2013고정543
명예훼손
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On June 21, 2012, the Defendant, at the seat of the Gangseo-gu Seoul apartment management office, and at the seat of the number of apartment residents, such as the victim C, the representative chairperson, the victim, etc., the apartment management office, the representative of the Dong, the apartment management office, and the representative, including the victim, made a mistake in the joint management of the apartment, and discussed the necessity of the replacement of the representative, the Defendant said that “Sace is a fine of KRW 6 million with the

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the suspect interrogation records of the defendant by the prosecution (including the substitute part);

1. Application of the police protocol law to C

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

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On June 21, 2012, the Defendant: (a) around the Gangseo-gu Seoul Metropolitan Government Management Office for Apartment Buildings B, in the place where the number of apartment residents, such as the victim C, the representative chairperson, is ambiguous; and (b) Dong representatives, including the victim, have made a mistake in the joint management of the apartment; (c) while talking about the need for replacement of the representative, the Defendant stated that “Sace is a 6 million won fine for forgery of private document” to the victim.

However, around March 22, 2012, the Seoul Southern District Court issued a summary order of KRW 3 million with respect to the victim's forgery of private documents and the uttering of the above investigation documents. On April 23, 2012, the victim applied for formal trial and was sentenced to a fine of KRW 1 million at the first instance trial on July 6, 2012.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. The following circumstances acknowledged by the records of the instant case, namely, the victim, upon complaint by the Defendant, shall be punished by a fine not exceeding three million won due to the charge of forging private documents and the uttering of private investigation documents.

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