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(영문) 서울동부지방법원 2018.09.18 2018고정823
명예훼손
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around May 2017, the Defendant damaged the honor of the victim by openly pointing out false facts by stating that “C 20 kg of rice of the elderly household 20 kg is going to Korea,” even though there was no fact that the victim voluntarily brought the rice of the elderly household to F. However, the Defendant did not bring the rice of the elderly household to F at his own discretion.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective police statements protocol laws to C and G;

1. Relevant Article 307 of the Criminal Act concerning criminal facts, Article 307 (2) of the Criminal Act concerning the selection of punishment, and selection of fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The sentence shall be determined as ordered in light of the sentencing conditions indicated in the instant trial, such as the fact that there is no record of criminal punishment against the defendant for the reason of sentencing under Article 59(1) of the suspended sentence (normal consideration favorable to the defendant), the fact that the damage has not been recovered, the age and health conditions of the defendant, etc.

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