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(영문) 의정부지방법원 2014.11.26 2014고단2354
명예훼손등
Text

The sentence of punishment against the Defendants shall be suspended.

In the facts charged of this case, defamation, assault, etc.

Reasons

Punishment of the crime

Defendants are siblings, and victims E are the husband F’s work union dues.

1. Around January 15, 2013, the Defendants came to know of the fact that the Defendants appeared to have observed the site where the F and the victim were discharged from the UA G on January 14, 2013 from the UA’s children G.

On January 15, 2013, the Defendants found the father point of the International Private Teaching Institute working for the victim in Seocheon-si H, and Defendant B took the victim with the purport that “I will leave a female with a family,” and Defendant A took the victim with the purport that “I will take away the husband’s her husband, who is not able to live well with her husband, because it is bad to her husband’s calculation of tax base and calculation of tax base,” and Defendant A took the victim into account her husband’s her husband, who is unable to her husband.

Accordingly, the Defendants conspired to interfere with the victim's private teaching institute instructor's duties by force.

2. On September 21, 2013, the Defendants came to know of the victim’s husband’s her husband’s her husband’s J around September 20, 2013 that the victim had come to J with F.

피고인들은 2013. 9. 21경 부천시 H에 있는 피해자가 근무하는 I학원 부천점을 찾아가 피해자에게 ‘남의 남편이랑 뒹굴고 오입질하니 좋았냐’라는 취지로 말하며 욕설과 고성을 질렀다.

Accordingly, the Defendants conspired to interfere with the victim's private teaching institute instructor's duties by force.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E;

1. Application of Acts and subordinate statutes on filing complaints and accompanying materials;

1. Relevant Articles 314(1) and 30 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Determination of fines

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Sentence Defendants: 20,000 won per fine; and

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) (100,000 won per day) of the Criminal Act;

1. The Defendants of suspended sentence: the motive for committing the instant crime, which was committed against their own mistake under Article 59(1) of the Criminal Act.

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