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Reasons
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(영문) 춘천지방법원 원주지원 2013.11.12 2012고정416
명예훼손
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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 is a person who operates a "D Child Care Center" in the main city of the prime city.

On November 1, 2010, the Defendant sent an e-mail to the “E Child Care Center Head F,” the Defendant, “G Child Care Center Head,” who was ordinarily aware of at a place not adjacent to a place, indicated that the Victim H, who was the head of the “G Child Care Center, was satisfing sons and urban communities on Saturdays in connection with the operation of the Child Care Center, even though there was no fact that the Victim H, who was the head of the “G Child Care Center, was satisfing satisfing satisfs at the night, and even if satisfs satisfs that are all included in the amount of childcare fees, they do not cause any satisfs to send the satisfs at the cost of sending it.” On November 1, 2010, the Defendant displayed the output written above to J as the head of the “I Child Care Center.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, K, L, and M;

1. Each police statement made to F, N, orO;

1. Investigation report (to a counter call or investigation by the J);

1. Application of e-mail statutes

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. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. Dismissal of public prosecution;

A. Around July 2011, the Defendant filed a complaint against F as a crime of defamation on a separate matter from the instant case.

However, around August 201, 201, the victim H of the instant case tried not to file a complaint against the Defendant in relation to the instant case when the Defendant withdraws the complaint against F.

Therefore, the defendant believed this, and cancelled the complaint against F on September 201.

Nevertheless, around February 2012, the victim H accused the Defendant in relation to the instant case.

Therefore, this case is the procedure of prosecution.

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