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(영문) 인천지방법원 부천지원 2014.08.12 2014고정609
명예훼손등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 14:00 on March 10, 2014, at the D Branch Office of the Korean Senior Citizens Association in Kimpo-si, Kimpo-si, the Defendant publicly insultingd the victim by expressing that the victim I “ must “I,” and “I, E, F, G, and H,” at the D Branch Office of the Korean Senior Citizens Association in Kimpo-si, Kimpo-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witness I, H, G and E to the Acts and subordinate statutes;

1. Article 311 of the Criminal Act and Article 311 of the same Act concerning criminal facts and the choice of fines;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On January 16, 2014, at the meeting room of the J apartment in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, the defendant held a meeting of the representative of the Dong, where approximately 20 persons, such as the victim I (year 76) who is the chairperson of the apartment association, the representative officer of the Dong, and the executive officers of the senior citizens' association, etc., were gathered, and the victim did not embezzled the subsidy or apartment subsidy received from Kimpo-si, the defendant stated that the victim "the president of the Senior Citizens' Association was born the Kimpo-si subsidy and apartment subsidy every month from January 1, 2012."

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

2. In light of the evidence duly adopted and examined by this Court, the fact that the defendant made a statement as stated in the facts charged is acknowledged.

However, according to the witness F’s legal statement and the report of the actual inspection, at least there was a reasonable ground to believe that it was true at the time of expression as stated in the above facts charged (the date when the victim I received the non-prosecution decision for the charge of embezzlement and breach of trust on March 26, 2014). Since it is reasonable to view that the major motive or purpose of the Defendant’s expression as above is for the public interest, the above act by the Defendant is illegal in accordance with Article 310 of the Criminal Act.

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