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(영문) 인천지방법원 2014.02.13 2013고정4024
명예훼손
Text

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

On May 10, 2013, the Defendant, at around 14:30 on May 14, 2013, destroyed the honor of the victim by dividing the printed matters and the book with the phrase of "the phrase", which are not sent out and work in mind, into those who attend an extraordinary general meeting, at the door of the building C, Nam-gu Incheon Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes on printed matters divided by the suspect;

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. The defendant and his defense counsel asserted that the illegality is excluded in accordance with Article 310 of the Criminal Procedure Act, since the defendant and his defense counsel's assertion on the provisional payment order had many cases where the victim took the place, since the contents stated in the printed article are true facts and are related to the interests of the sectional owners of C building, and therefore the contents of the printed article are true facts.

However, in full view of the above evidence, the defendant recognized that the defendant did not confirm facts about the reason for the victim's presence without confirming such facts, and that he made a speech different from the truth due to his drilling or appearance, etc., and Article 310 of the Criminal Act on the rejection of illegality is not applicable to the act constituting defamation by a statement of false facts. Thus, the above assertion by the defendant and his defense counsel is rejected.

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