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(영문) 서울동부지방법원 2016.04.26 2015고정1297
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

1. On December 28, 2013, at the entrance guard room of Songpa-gu Seoul Metropolitan Government apartment building C, the Defendant received money from the victim D as the chairperson of the said apartment building occupant representative meeting, although the victim D did not have received money from the apartment construction company, the Defendant received money from the victim as the victim’s 10 residents, and the Defendant received money from the company while constructing a low morale.

이 씹 새끼 씹할 놈, 저 새끼 똘똘 말아서 구속시켜야 한다.

“In large sounds, the reputation of damage was damaged by openly pointing out false facts.”

2. On December 29, 2013, at the same place as the preceding paragraph, around 18:25, 2013, the victim received money from an apartment construction company even though there was no fact that the victim received money from the apartment construction company, and the victim was 10 residents, who received money from the company in charge of the president’s position.

“The honor of the victim was damaged by openly pointing out false facts by speaking at a large interest.”

Summary of Evidence

1. Partial statement of witness E;

1. Each statement made by the witness F, G, H, I, and J in the third public trial records;

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

1. Each fact-finding certificate of H, I, and G;

1. Application of Acts and subordinate statutes of the J;

1. Article 307(2) of the Criminal Code of the relevant Criminal Act concerning facts constituting an offense / [The defendant alleged that there was no such statement at each time and place stated on facts constituting an offense, but the police officer E, who was called the apartment of the instant case upon receiving a report on around December 28, 2013 and called the apartment of the instant case, expressed that no such statement was made, shall be deemed to have expressed an desire for the victim from the above floor.

The statement was made by F, G, H, I, and J made each statement as the defendant by the person who wishes to have the victim under this court. If each of the above evidences was presented prior to each of the above statements, each of the crimes committed by the defendant is sufficiently recognized.

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

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

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