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(영문) 서울중앙지방법원 2018.01.25 2016고단8906
출판물에의한명예훼손
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a reporter (the legal team leader) who belongs to the Ministry of Social Affairs of the E Co., Ltd. (hereinafter “E”), and the victim F is a member of the 20th National Assembly, who served as G and H Minister from July 2014 to January 2016.

On July 11, 2016, the Defendant confirmed that “I” was a title of “I” on July 11, 2016, the prosecution confirmed that the money and valuables of KRW 5 billion from the end of the year to the F Council members from the end of the year from the end of the J Council.

The prosecutor's office has already been known to the specific time when money, as well as the source of the funds, has already been created by the J Chairperson at any place among affiliates.

The prosecution is under review the application of comprehensive bribery with the suspicion of the violation of the political fund law by the F member.

The article stating " was published".

However, there was no fact that the victim received KRW 5 billion from the K Group J president, and there was no fact that the victim received KRW 5 billion from the above victim in the prosecution investigation process, as well as the source and time of delivery of the fund.

Ultimately, with the aim of slandering the victim, the Defendant undermined the victim’s reputation by openly pointing out false facts in E newspapers, which are publications.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement made by a witness L;

1. A protocol concerning the examination of suspect by a certain prosecutor against the defendant or M;

1. Statement made by the prosecutor with respect to L;

1. Newspapers E on July 11, 2016 and reports by each press organization;

1. Minutes of inspection of state administration;

1. Application of the Acts and subordinate statutes to a criminal investigation report (report on the results of the execution of an e-mail warrant), investigation report (report on the results of the execution of a communications warrant), investigation report ( press reports on the progress of the prosecution investigation

1. Relevant Article 309 (2) and (1) of the Criminal Act, Articles 307 (2) and 307 of the Criminal Act, the choice of imprisonment for a crime, and the choice of a sentence for a crime;

1. Information reported by a reporter of the reason for sentencing under Article 62(1) of the Criminal Act is based on the investigation by an investigative agency or the judgment of evidence by a court.

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