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(영문) 부산지방법원 2013.09.09 2013고정164
상해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On March 2012, the Defendant defamationd the victim’s reputation by openly pointing out false facts by stating that “D president (victim) stolens money in a sexual indecent act against E and surburging with F and surging, despite the fact that the victim DNA did not commit a sexual indecent act against E, or steals the money in a surg.” to G, an employee of the said surgian, even though he did not know that he did not commit a sexual indecent act against E, thereby impairing the victim’s reputation by openly pointing out false facts.”

2. Damage and damage of property, the Defendant: (a) at the entrance of the said telecomter around 10:00 on June 1, 2012, at the time of the said telecomter, it was refused to terminate the said telecom management; (b) thereby, the Defendant: (c) placed the window of the said telecomter at the network value; and (d) continuously damaged the victim DNA at the entrance of the said telecomter; (c) followed the victim DNA at the entrance of the said telecomter, and (d) caused the victim DNA to suffer from approximately 100,000 won of the market value; and (d) continuously damaged the victim DNA by assaulting the victim DNA with his left arms for about 14 days.

Summary of Evidence

1. Each legal statement of witness D, E, and G;

1. Statement of D police statement;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 257(1), Articles 307(2), and 366 of the Criminal Act concerning criminal facts and the choice of fines;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order and the victim appears to have determined the whole amount of the agreement including civil disputes in the course of formulating the agreement, and the recovery of the damage suffered by the victim is judged to have been actually completed.

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