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(영문) 부산지방법원 2013.09.26 2013고정1446
명예훼손등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 20:00 on August 23, 2012, the Defendant publicly insultingd the victim by openly insulting the victim by voice “The victim D shall be commissioned as the election management members of the council of occupants’ representatives on the recommendation of the council of women’s representatives, and shall preside over a meeting to elect the chairman, etc. of the council of occupants’ representatives in 2012. However, at the meeting of 19 members, such as 15 members of the council of apartment teams, 15 members of the management office, 1 members of the election management office, 2 members of the council of women’s representatives, etc., and 19 members of the council, including 15 members of the council of occupants’ representatives, 19 members of the council of women’s representatives.”

2. On September 18, 2012, the Defendant: (a) around the Geum-gu Busan Metropolitan Government C apartment management office, around 14:30 on September 18, 2012; (b) although the victim D did not have the right to share the apartment management expenses by way of accounting or receiving money, the Defendant damaged the victim’s reputation by openly pointing out false facts by openly pointing out the following facts on the presence of the victim E, the director of the apartment management office, and the resident 5-6.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of witness E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 311 of the Criminal Act, Article 307 (2) of the Criminal Act, and the choice of fines for the crime; Article 311 of the Criminal Act, Article 307 (2) of the Criminal Act;

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 for the detention of a workhouse;

1. The defense counsel's assertion of the defense counsel under Article 334 (1) of the Criminal Procedure Act is merely an expression that points out error in relation to the apartment, and thus, it constitutes a justifiable act or a ground for illegality under Article 310 of the Criminal Act.

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