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(영문) 광주지방법원 2018.12.21 2018고단2352
명예훼손등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a resident of the Gwangju Dong-gu apartment unit D in which C resides.

On June 2016, the Defendant provided meals to the residents at the expense of the victim's private expenses, not the apartment management expenses, even though the damaged person had contacted the residents at the expense of the victim, the Defendant provided meals to the residents as the C apartment management expenses.

“The victim’s reputation was damaged by openly pointing out false facts by horses.”

2. On February 12, 2018, the Defendant damaged property: (a) according to the mail that each household within the 105-dong-gu Seoul Special Metropolitan City D apartment units, and on the wall of an elevator located within 102-dong-gu, the mail box that the Defendant arbitrarily collected on the wall of the elevator located within the 105-dong-gu, Seoul Special Metropolitan City, can be recognized as a mail box that is located in the above apartment unit 105 units; and (b) even if the place of the crime is separately recognized as above, the place of the crime is recognized as above without impairing the identity of the facts charged, as it does not materially

A victim voluntarily collects a complaint from the details of the detailed public announcement of the above apartment painting work, and the public announcement distributed in mail, and the notice posted on the wall of the elevator shall be deemed to be false and the opposing signature shall be combined in the notice posted on the elevator wall.

“Along with the content of the foregoing notice, the victim’s market price was destroyed by impairing the utility of the above notice.”

Summary of Evidence

1. Each legal statement of witness C, E, and F;

1. Statement made by the police against C;

1. Each fact-finding certificate of the E and F;

1. Reporting on investigation (Submission of CCTV images) and application of Acts and subordinate statutes to the investigation report (the place of CCTV shooting by mail);

1. Article 307 (2) of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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