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(영문) 서울중앙지방법원 2013.06.21 2012고정3978
명예훼손등
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

At around 13:00 on September 1, 201, the Defendant publicly insultingd the victim by openly insulting the victim on the ground that he was appointed as a new director by a person other than H, who was supported by the Defendant, on the ground that he was appointed as a new director by the victim E (the age of 48), director F of the same foundation, temporary director G, etc. in a restaurant located in the Jongno-gu Seoul Metropolitan Government 1st underground floor.

Summary of Evidence

1. Application of the Acts and subordinate statutes for the entries of witnesses E and F in the third protocol of trial;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant in this part of the facts charged was aware that the victim E was working for the auditor of the I Foundation, and even if receiving the benefits from the above two institutions, he was aware that the victim E was working for the J University and the K School in Japan, and was subject to the punishment of embezzlement and breach of trust under the Criminal Act of the Republic of Korea. However, around September 14, 2011, the head of the J University located in Sag-gu in the Yag-gu and the head of the school located in the G School located in Gangdong-gu in the Yag-gu in Japan, eastdo-do in Japan, confirmed that each of the most recent auditors of the I Foundation was working for the full-time director of the I Foundation, and that E professor (the head of the K School in Dong-si) who received monthly benefits was working for the I Foundation, and if he was receiving the benefits, the above E would be subject to the punishment of embezzlement and embezzlement under the Criminal Act of the Republic of Korea as well as the punishment of the victim.

2. Determination

A. The summary of this part of the facts charged is false as to E.

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