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(영문) 의정부지방법원 2016.11.08 2016노2380
명예훼손
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s grounds for appeal.

In the trial of the case, the prosecutor applied for changes in the indictment as stated in Articles 307(1), 307(2), and 40 of the Criminal Act “In the trial of the case,” and applied for changes in the indictment as stated in Article 307(1) of the Criminal Act “the criminal facts,” and the court permitted the changes in the subject of the trial of this court.

Therefore, the judgment of the court below is no longer maintained.

3. As such, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, on the grounds that the above judgment of the court below is reversed ex officio, and it is again decided as follows.

[Discied Judgment] The defendant who committed the crime is the director of the G apartment management office in Gyeyang-gu Seoul Metropolitan City, the general director of the B apartment, and the victim C is the director of the B apartment management office.

around 22:00 on December 23, 2015, the Defendant stated, “The Defendant was present at the Government's seat in the Yellow-gu Seoul Metropolitan Government in October 23, 2015, and that “The Defendant was a person who was appointed and deducted an attorney-at-law at the Government's seat in October, 201, on the spot where 12 representative of the apartment building, 4 visitors, and residents were present during a regular session in December 2, 2012, and were relay real time through broadcasting to occupants.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. The application of Acts and subordinate statutes to the accusation suit, investigation report (Presentation of photographs of the council of occupants' representatives);

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

1. The defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, led to the confession of the crime of this case.

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