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(영문) 제주지방법원 2016.05.27 2016고정176
명예훼손
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a director of the board of directors of the Association (G).

On September 4, 2015, the Defendant stated that “an agenda item is a case concerning disciplinary action against members, a person to be disciplined, and a person to be disciplined is D and E” as the title that “a resolution by the board of directors of the Association of the (g)C Association established through a mobile community (www.naver.com) on September 4, 2015, the Defendant: (a) indicated “a matter to be resolved by the board of directors of the Association of the (g) association” in the (g) community of the (g) community established through a mobile community; and (d) stated “a matter to be resolved” as “D and E with the president of the Association”; and (e) stated “a third party (vi) who “a matter to be recorded in a rumor with the president of the Association,

Before the Do and August 2015, the board of directors was able to confirm that the act threatening the existence of the Association, such as acting together with others, was either without any basis or against the boomed by the result that the board of directors heard the harm of the principal and confirmed the facts.

The term "publically damaged the honor of the victim D(n, 41 years of age), E(n, 46 years of age) by posting an attachment to the contents of "."

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each complaint filed in Category D and E;

1. The application of the statutes governing the resolution of the C Association Council, (g) photographs showing the complainant's submission, (g) records of members of the C Association association, data verifying the members of the C Association, and posting records;

1. Article 307 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 59(1) of the Criminal Act of the suspended sentence (the fact of crime is recognized and against it; the Defendant posted a letter and a question to victims in relation to the act of defamation of this case on the block of this case; the first offender is the crime; the process of the crime of this case; etc.): Fine of KRW 700,000 per day (the detention in a workhouse of KRW 100,000 per day);

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