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(영문) 청주지방법원 2013.10.31 2013고정279 (1)
명예훼손등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around December 25, 2012, the Defendant complied with the results of D's election of the head of D's hall located in Jincheon-gun, Jincheon-gun, the Defendant: (a) when a person other than himself was elected as the head of D's hall was an illegal election against the victim E (the former victim E) who was the former president; (b) flabed the victim with a single hand; and (c) assaulted the victim by breaking the victim's hand with another hand.

2. On December 26, 2012, the Defendant: (a) around 11:00, at the Myeon Office located in Jincheon-gun, Jincheon-gun, Chungcheongnam-do; (b) at the Myeon Office, the president of the F Council, the president of the Myeon Office, the Cheongcheon-gun, and the reporters of Jincheon-gu, referred the above victim E in the place of gathering; and (c) “E was released from G that performed the D Village Corporation, and E was removed from the money.” Since there was a large number of houses for nine years, E was a false election, such as an acting vote, in order to ask friendly H to transfer to other offices.”

However, the fact, however, that the money received from G was paid for the village and settled at the village conference, and the election of the head was made properly.

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 a witness I;

1. Statements made by witnesses E in the fourth protocol of the trial, which fit for them;

1. A protocol of partial police interrogation of the accused;

1. Application of the police interrogation protocol to E;

1. Article 260 (1) and Article 307 (2) of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

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

1. Determination as to the assertion by the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order (as to defamation)

1. The summary of the argument is true and illegal as it concerns public interest.

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