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(영문) 울산지방법원 2015.03.12 2014고정993
명예훼손
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On January 2013, the Defendant: (a) within the E-real estate office located in Ulsan-gun, Ulsan-gun; and (b) the fact that F G does not have any fact between Hel, the Defendant: (c) told F G to “F and G going to Hel; (d) thereby impairing the honor of the victim F and G by openly pointing out false facts.

B. From the end of January 2013 to the beginning of February 2013 of the same year, the Defendant damaged the reputation of the victim F and G by publicly alleging false facts to L and M, stating that “F and G left the Hel at the entrance of the Defendant, “F and G left the Hel,” and by publicly pointing out false facts to the victim F and G.

2. Around February 24, 2013, Defendant B, within the “N” restaurant located in Ulsan-si, Ulsan-si, U.S., the Defendant damaged the victim F’s reputation by openly pointing out false facts, stating that “F shall not hold a meeting of the native folks society by making eight million won of the public funds of the Republic of Korea while the president of the meeting of the Republic of Korea, and by publicly pointing out false facts.”

Summary of Evidence

1. Each legal statement of the witness Q, M and I;

1. F’s statement among the interrogation protocol of the prosecutor against the Defendants

1. The prosecutor's statement of theO;

1. Investigation Report (as to attachment of the record):

1. As to the performance report (as to the performance);

1. Application of Acts and subordinate statutes of appeal;

1. Relevant Article 307 (2) of the Criminal Act; Defendant A who has been punished by a fine; Article 307 (2) of the Criminal Act; Article 307 (2) of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Criminal Procedure Act;

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