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(영문) 서울북부지방법원 2017.09.21 2017고정235
명예훼손
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant: (a) at the Dongdaemun-gu Seoul Management Office around February 2, 2016, there is a head of the above apartment management office D, a management office managing the above apartment; and (b) despite the fact that the Victim F embezzled at the time of the said apartment president, there is a person who violates the management regulations under Article 23 during the said representative candidate.

23 The phrase "when embezzlement management expenses, etc. are embezzled," thereby impairing the honor of the victim by openly pointing out false facts.

Summary of Evidence

1. Statement made by the police with regard to F;

1. A criminal investigation report (Submission of a confirmation of the fact of the victim and a transcript);

1. A criminal investigation report (public perusal of documents of suspect-related cases);

1. Application of Acts and subordinate statutes to investigative reports (verification of the result of dispositions of embezzlement against complainants);

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

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

1. According to each evidence duly adopted and examined by this court as to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, it is recognized that the Defendant had filed a complaint for embezzlement of the victim on or around April 2016, but was not suspected of having been issued a disposition against the victim. At the time of the first accusation, the part of the “child membership fee of KRW 1.80,000,000,” which the Defendant had at the time of the first accusation, is deemed not to have been included in the contents of the complaint. In addition, the Defendant embezzled management expenses, etc. incurred by the victim at the time of February 2016, when the instant case occurred.

That was in the state of securing data or grounds to the extent that it is reasonable to believe

Since there is no discovery of the circumstances to see this case, the reason for excluding the illegality of Article 310 of the Criminal Code should not be applied to this case.

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