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(영문) 의정부지방법원 2015.01.29 2014고정606
명예훼손
Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 20:07 on March 14, 2013, the Defendant, at the council of occupants’ representatives located in the second floor of the Dongducheon-si C Apartment Complex Management Office, destroyed the victim’s reputation by openly pointing out the fact to the effect that “The lower class would have Domination quality, and Domination would have been considered by the Chairperson.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the questioning part)

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of evidentiary materials), investigation reports (as to the CD content confirmation reports);

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument and the defense counsel asserts that the defendant's act of speaking with the same content as that stated in the facts charged (hereinafter "the statement of this case") shall be excluded in accordance with Article 310 of the Criminal Act.

2. Article 310 of the Criminal Act provides, “When the alleged facts relate to the public interest” refers to the public interest when objectively viewed, and an actor also indicates the facts for the public interest subjectively. It is widely related to the public interest, including not only to the public interest of the State, society, and other general public, but also to the interest and interest of a specific social group or a group of its members. Whether the alleged facts relate to the public interest or not, the content and nature of the alleged facts, the scope of the counter-party against which the publication of the pertinent facts was made.

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