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(영문) 서울북부지방법원 2015.07.24 2015고정463
출판물에의한명예훼손
Text

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

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

Reasons

Punishment of the crime

On July 7, 2014, the Defendant prepared an article stating that “G” and “F” in the “E” column under the large title “F” in the “E” column, which is a publication, for the purpose of slandering victim D from Seoul Special Metropolitan City, Nowon-gu 1502, and put it into the I apartment mail in Seoul Special Metropolitan City, Nowon-gu, by issuing 2,00 copies and inserting 2,00 copies for each household of the I apartment of Seoul Special Metropolitan City.

However, there was no fact that the victim D had been elected with the intention of election fraud and biased election, or embezzled election expenses.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts through publications for the purpose of slandering.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing foreign affairs;

1. Relevant Article 309 of the Criminal Act and Articles 307 (2) of the Criminal Act, the choice of fines for criminal facts;

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

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant's act is dismissed in accordance with Article 310 of the Criminal Act, since the facts alleged above are true and for the public interest.

However, the evidence mentioned above and the circumstances recognized by the records of this case, namely, the defendant asserted that the defendant had observed the opposite candidate and the victim's election fraud by standing for the chairman of the council of occupants' representatives on April 2013, but more than one year thereafter, the same special election was published and distributed publications indicating the victim's election fraud, and the defendant.

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