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(영문) 인천지방법원 부천지원 2019.01.10 2018고정824
명예훼손
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the apartment occupant in Kimpo-si.

From August 13, 2018 to August 16, 2018, and around Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, on August 20, 2018, the Defendant: (a) in fact, the victim C, victim D, and victim E, who is an officer of the Senior Citizens Association, embezzled public funds for senior citizens; and (b) notwithstanding the fact that the Defendant had not confirmed it, the president of the Senior Citizens Association, at a place that can be seen as a large number of apartment residents and senior citizens members of the Senior Citizens Association, performed a demonstration by one person, by installing a pocketet stating that “the executive officer of the Senior Citizens Association is guilty of the embezzlement of the subsidies to the members.”

Accordingly, the defendant has damaged the honor of victims by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A complaint;

1. Details of the first half-year general meeting, the settlement of accounts of the 2017 Senior Citizens Association, and the settlement of accounts of the 2016 general meeting;

1. Payment in cash;

1. A copy of bankbook;

1. The application of Acts and subordinate statutes to photographs of the content of one person demonstration pocket ticket (a defendant and his defense counsel asserts that the content stated by the defendant is true, but there is no evidence to recognize it;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Circumstances unfavorable to the reasons for sentencing under Article 186(1) of the Criminal Procedure Act, which bear the cost of lawsuit: The defendant, without clear evidence, suspected that the victims have embezzled the subsidy, thereby impairing the honor of the victims, and the nature of the crime is not good.

There is no reflect on his fault.

It seems that the victims have not suffered mental pain due to the crime of this case.

The victims have not been agreed upon.

In addition, various records and arguments, such as the motive and background of the crime, the means of the crime, and the circumstances after the crime, are shown.

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