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(영문) 의정부지방법원 고양지원 2017.01.19 2016고정1112
명예훼손
Text

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

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

Reasons

Punishment of the crime

On September 2012, the Defendant, who decided to resign with himself, had the victim C, who was in charge of the representative office of the occupant without being accompanied by him, and had the victim take charge of the representative office of the occupant, prepare and distribute printed matter containing false facts about the victim, with the intention of having the victim resign from the representative office of the occupant.

The defendant 2016

5. On July 18, 2018, the mail of 138 households from 1, 100 Dong-dong, Yongsan-gu, Mangsan-si, and 10 Dong-dong, stating that, although the victim did not have appropriated or settled management expenses with respect to the specific company, the victim could avoid liability with the statement that, for the last two years, the management director (E) operated the repair work 31,000 won (from July 2013 to July 2015) with the specific company (F), the management expenses amounting to KRW 64,00,00 by being taken care of the specific company (F) and had retired on February 31, 2016, C, a person in charge of the settlement of construction expenses, was aware of the fact that he was well aware of the construction work. This was not possible, and the victim should be accompanied and resigned with the specific company, by openly pointing out the false reputation of the victim by openly pointing out the distribution of printed materials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. G statements;

1. Entics;

1. Application of Acts and subordinate statutes to photographs which are put in by mail a printed article;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant, and there is no same criminal record, the motive of the crime, circumstances after the crime, and all of the sentencing conditions identified in the records and the trial process of this case, such as the defendant's age, sex, environment, etc., shall be taken into consideration.

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