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(영문) 서울동부지방법원 2015.05.22 2014고정1779 (1)
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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”.

On December 26, 2013, the Defendant: (a) held meetings at the above conference of the association held in Seongdong-gu Seoul Metropolitan Government’s conference; and (b) held the president of the association from 2007 to 2009 and the president of the H association promotion committee; (c) held the victim G concurrently with the president of the H association from 2007 to 2009; and (d) received monthly pay or illegal funds from the H association promotion committee or the executor related to the establishment of the association; and (d) said, the Defendant expressed the victim a large voice that “I am on a monthly salary.”

However, there was no fact that the victim received monthly or illegal funds from the above HH association or the company involved in the establishment of the H association.

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. Each statement in the third protocol of trial G, E, and F;

1. The application of Acts and subordinate statutes to investigation reports (a list of persons present at an extraordinary general meeting and minutes);

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. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant does not have the same words as the facts constituting the crime in his judgment.

However, there was a statement that “the president of a full-time cooperative received from both parties,” and this cannot be deemed as an intentional act of defamation due to a statement made in relation to the agenda as the president in the course of discussions on the agenda items on the agenda items, and G received monthly sales expenses from the master architect engineering company, a company that is the executor of the promotion committee (hereinafter “execution company”), and such fact is the fact that the members of the association should know as a matter of course.

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