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(영문) 서울중앙지방법원 2014.03.27 2013고정6726
명예훼손
Text

Defendant

A shall be punished by a fine of KRW 800,000.

Defendant

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

Reasons

Punishment of the crime

The Defendants are married couple.

The defendants have long been suffering from the victim's damage due to the debt debt of the victim D.

During that process, the Defendants conspired to notify the victims of the fact that the victims did not repay their debts with the awareness that the victims are married F of the victims. In order to do so, the Defendants conspired to notify the victims of the fact that the victims did not repay their debts with the diskettes and printed materials.

According to the above conspiracy, from around 11:30 on July 6, 2013 to 13:30 on the day of H hotel located in Gangnam-gu Seoul, the Defendants made a demonstration with the Defendant’s relative by using the kicket stating that “D debt is repaid”, “D damage is repaid”, “D damage is repaid”, and “D damage is reimbursed” from the outside of the marriage hall, along with the Defendant’s relative. Defendant B, along with the Defendant’s relative, made it open to the public, with the Defendant’s relative, with the distribution of printed items that “D goes through snow to the ordinary people, and is going through a marriage in the marriage hall,” and I’s family members first met the payment of the damages.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness D;

1. On-site photographs;

1. Application of Acts and subordinate statutes on inducements at the site (Defendant A);

1. Relevant provisions of the Criminal Act and Articles 307 (1) and 30 of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act [Defendant B] of the provisional payment order;

1. Relevant provisions of the Criminal Act and Articles 307 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Penalty fine of 800,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The criminal defendant under Article 59(1) of the Criminal Code recognizes and reflects the crime of this case, and the criminal defendant committed.

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