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(영문) 의정부지방법원 2017.09.14 2017고정1416
명예훼손
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A victim C (n, 71 years of age) is the chairperson of the E-Center in Guri-si D, and the defendant is the current chairperson of the E-Gu Party, the victim F (69 years of age), and the E-Center member.

On April 1, 2017, the Defendant refers to the victims at the E- senior citizen center located in Guri-si D on April 1, 2017, by five persons, including the members of the senior citizen center H, etc., and “F and the Chairperson (C)” are in F.

“The honor of victims was damaged by openly pointing out false facts.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to F (includingC statements);

1. Application of the respective laws and regulations of I, J, K, L and H

1. Article 307 (2) 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion was the Defendant’s statement as indicated in the facts charged, but it had been widely known among the members, and was for the purpose of preventing the act of disturbing public morals within the senior citizens’ association.

2. In light of the circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the Defendant, without any basis as to whether the victims are in in in inhuman relations, made the statements as indicated in the facts charged in the instant case before members, and ② the Defendant stated in the police that the Defendant’s statement on the grounds for the statement as indicated in the facts charged in the instant case was made by hearing the victim F’s speech that the Defendant was disqualified for the Chairperson, and thereby impairing the honor of the victims by pointing out false facts that the victims are in in in in inhuman relations.

The decision is judged.

In addition, even if one fact is publicly known, it is a crime of defamation if it is likely to impair the reputation of others.

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