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(영문) 서울중앙지방법원 2014.11.20 2014고정629
명예훼손
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 6, 2014, the Defendant was sentenced to five months of imprisonment for fraud at the Seoul Central District Court on April 24, 2014, and the judgment became final and conclusive on April 24, 2014, and the relationship between C (V, 58) and the wife.

1. On February 21, 2013, between 14:00 to 16:00, the Defendant: (a) at the entrance of the parking lot for the building in Gangnam-gu Seoul, Seoul where the victim is living, the Defendant: (b) even though he was passing through many unspecified persons, such as the manager of the building, etc., the Defendant, “D 101 C, the owner of the building, refunding KRW 3 billion, KRW 3 billion, KRW 3 billion, and KRW 3 billion on the ground of his public bid, thereby making up the 3 billion in the land, thereby failing to register any mountain people, and thereby making up the 2nd imprisonment in the competent prison.” The Defendant, in front of and rear the wooden joint board, set up the spicket with a paper attached in front of the wooden joint board, thereby impairing the honor of the victim C by openly making one person demonstration on the spicket, thereby pointing out false facts.

2. On February 22, 2013, between around 14:00 and 16:00, the Defendant, at the place under the preceding paragraph, set up a saveet with the same content attached front and rear in a wooden save board, and thereby damaging the victim C’s reputation by openly pointing out false facts by carrying out a type of saveet with the same content on the saves.

Summary of Evidence

1. Each legal statement of witness E and C;

1. A protocol of partial police interrogation of the accused;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes on the screen of a fix of a letter-to-slid (28 pages of investigation records);

1. Relevant Article 307 (2) of the Criminal Act concerning facts constituting an offense and Article 307 (2) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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