(영문) 대구지방법원 2015.10.02 2015고정1193

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(영문) 대구지방법원 2015.10.02 2015고정1193

명예훼손

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the chief director of the C Union, and the victim D is the representative of the C Association.

The victims distributed printed materials to C members that raise suspicions about the E-land purchase of the above union and the construction of charging stations.

On April 13, 2015, when the Defendant was requested to verify the fact of the above inducement distributed by the victim from the members of the CF association in the Daegu Suwon-gu CF building, the Defendant stated that, although the victim did not demand the placement of the Defendant, the Defendant did not act for the victim on a 150-person job in the 150-person job.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to a report on investigation (in the case of an associate president G and telephone);

1. Relevant Article 307 (2) 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. The defendant and his defense counsel asserted the assertion of justifiable act of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order as to the crime of this case in the situation where the defendant interferes with educational affairs, such as the victim's care at the scene where the defendant educates union members.

In addition, even though the defendant was in a situation where education was obstructed due to the victim's act, it cannot be said that the defendant made a statement that impairs the victim's reputation as stated in the crime of this case as the means or method of such act. Even if it is unclear that the defendant intended to protect the defendant as the crime of this case, it is not reasonable to balance the profits of the victim that he was infringed, and the defendant does not commit the crime of this case.

참조조문

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