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(영문) 부산지방법원 2015.06.10 2014고정3794
명예훼손
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant: (a) around 12:30 on December 27, 2013, at the C cafeteria located in the Busan East-gu, Busan, the Defendant, along with the victim D, called “E Apartment Women’s Women’s Association”; (b) “D Chairperson directed that the female members, G, H, I, J, and K, alone, transfer the funds to several organizations in mind; and (c) handled the funds and the profits of the G son’s Association with the mind that the victim embezzled the public funds of the Women’s Association.”

However, in fact, the above D used public funds with the consent of female members, and did not have embezzled public funds as above.

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

Summary of Evidence

1. Each legal statement of a witness I, L and J;

1. Statement made by witnesses D in the third protocol of the trial;

1. The second written statement of the suspect interrogation protocol of the prosecution against the accused;

1. Statement by the prosecution concerning D;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (a statement of four female members attached to this case);

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of penalties;

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

3. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The statements stated in the facts constituting a crime in the judgment of the defendant are only true and solely for the public interest.

2. According to each evidence of the judgment, the execution of the Women's Association Fund is not carried out in person by D, the Chairperson, but has been subject to prior discussions or ex post consent with female members, and it is recognized that the execution has been carried out in the same way as before the Defendant became a general secretary.

The defendant's statement that well knows this fact is not true, but is the victim who has served for women's meeting.

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