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(영문) 의정부지방법원 고양지원 2016.02.19 2015고정1223
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

In March 2015, the Defendant illegally slaughtered pigs used in cruel, even though the victim F (the senior citizens’ association’ general affairs) did not illegally slaughtered pigs, from among 20 members of the senior citizens’ association at the welfare center of the senior citizens’ association in the Goyang-gu, Yongsan-gu, Goyang-si, 2015.

By speaking at a large interest, “the honor of the victim was damaged by openly pointing out false facts.”

Summary of Evidence

1. Each legal statement of witness C, F and G;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. In the facts charged, on March 2015, the Defendant received 50,000 won in cash from the former Chairperson of the Victim C (the Chairperson of the Senior Citizens Association) although there was about 20 members of the Senior Citizens Association in the Yongsan-gu Senior Housing E Welfare Center of Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul Special Metropolitan City, the Defendant received money from the former Chairperson.

By speaking at a large interest, “the honor of the victim was damaged by openly pointing out false facts.”

2. The facts charged in this part of the indictment constitute Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 312(2) of the Criminal Act. Since the victim clearly expressed his/her intent not to be punished by the Defendant on December 23, 2015, which was after the prosecution of this case, the prosecution of this part is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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