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(영문) 부산지방법원 2006.5.24.선고 2005고정5935 판결
명예훼손
Cases

205 Highly 5935 Defamation

Defendant

1. The head of Kim ○-○ and the head of the old-age branch office in Chungcheongnam Hospital;

Residence omitted

Permanent address omitted

2. The head of Kim △△ and the senior secretary in charge of the union operation of the Hospital;

The residence omitted.

Permanent address omitted

Defense Counsel

Law Firm 00(private ships for all of the defendants)

[Defendant-Appellant]

Imposition of Judgment

May 24, 2006

Text

Defendant Kim ○ shall be punished by a fine of KRW 2,000,000, and Defendant Kim △△△△△ in fine of KRW 1,500,00, respectively.

In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the Labor House for the period calculated by converting the amount of KRW 50,000 per day into one day.

To order the Defendants to pay an amount equivalent to the above fines.

Reasons

Criminal History Office

Defendant ○○○ is the head of the branch office of the Democratic Labor Union Korea Health and Medical Workers’ Union, and Defendant KimAA, the head of the branch office of the above △ Hospital. The fact is not related to the victim 00 with the chief director of the above △ Hospital, and the victim was not related to the victim of the above △ Hospital, and the victim did not personally purchase officetels to the above victim.

1. 피고인 김○○은 2005. 3. 21. 부산 ○○구 ○○동 000에 있는 □□병원 사무실에서 위 민주노총 전국보 건의료산업노동조합 □□병원지부 명의의 투쟁속보 4호 소식지에 “프랜차이즈 팀장 ⑥ ◎◎와 ◇◇◇ 이사장의 밀애, ○○의료재단에서 진행 중인 프랜차이즈 사업팀장인 전환경기사 ◎◎◎가 ◇ 이사장에게 환경관련 벤처사업에 투자를 제의해 40여억 원을 날렸다는 의혹이 제기되고 있다”는 등의 내용을 기재하고 이를 위 병원 각 사무실에 배포하여 마치 피해자가 위 과 부적절한 관계에 있는 것처럼 공연히 허위사실을 적시하여 피해자의 명예를 훼손하고,

2. The Defendants jointly do so.

A. At the place described in the preceding paragraph on March 23, 2005, Defendant Kim ○○ prepared a substitute report stating that “The reasons why the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the Seoul, the reason why the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to

B. Around March 26, 2005 at the same place, Defendant Kim ○, “IO is in any relationship with the OO?” Defendant Kim △△△△△△, attached the said small news to the wall side of the elevator side of the above hospital, attached it to the elevator side of the above hospital, thereby impairing the victim’s reputation by openly pointing out false facts, and thereby impairing the victim’s reputation. Defendant Kim ○ at the same place around March 28, 2005, Defendant Kim △△△△△△△ prepared a so-called “Ip? I want to know? Ip? I would want to know?” Defendant Kim △△△△△△△△△ prepared a so-called “Ip? Ip? Ip? I would like to attach the said small news to the front door of the above hospital, thereby damaging the victim’

D. At the same place on March 30, 2005, Defendant Kim ○, at the same time, prepared a substitute report stating “Are yu Don dedicated money?” Defendant Kim △△△△△, by attaching the said substitute report to the wall wall of the said hospital, thereby damaging the honor of the victim by openly pointing out false facts.

Summary of Evidence

1. Defendants’ respective statements in the first trial records;

1. Examination protocol of suspect against Defendant Kim ○-○

1. Each police statement on the suspect interrogation protocol of Defendant Kim △△△△ (including the statement protocol of 000) 1,000, and 0

1. A copy of subparagraph 4 of the period during which the strike is commenced;

1. Each substitute photograph;

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant Kim ○-○: Article 307(2) of the Criminal Act (a point of defamation No. 1) and Articles 307(2) and 30 of the Criminal Act (a point of defamation No. 2 on the market)

B. Defendant Kim △△△: Articles 307(2) and 30 of the Criminal Code

1. Selection of punishment;

Selection of each fine

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judge Kim Jae-hoon

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