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(영문) 광주지방법원 순천지원 2017.11.30 2017고정136
명예훼손
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 25, 2016, the Defendant organized a criminal organization at a commercial post office located in the Macheon-si commercial area, “C, D, E, and F,” and D, upon C’s instruction, told G that the Defendant embezzled money of KRW 600,000,000 in the door, and notified F, at the same time, of the false fact through F. F. F, F, in concert with D, C, and C, and notified F, etc. of the false fact that the Defendant embezzled money of KRW 600,000 in the face of time, upon receipt of C’s instruction, and notified the head of the post office at the level of time, and notified the head of the post office at around November 29, 2015 of the false fact that the Defendant embezzled money of KRW 600,000 in the door. On the same day, the Defendant and the Defendant were found to die and die on the same day.

The notice was given by mail to 64 persons, including the head of the net City and H village residents, of the title “the petition for accusation” with the content that the notice was made.

However, in fact, the Defendant, while putting up stone in mountain around 2004, received KRW 1.4 million from the door while using only KRW 1.4 million for the above installation costs, was not false; E did not have threatened the Defendant around November 29, 2015, and it was well known that the Defendant was false on July 15, 2016, when the Defendant filed a complaint with the victims with the same content, and the Defendant was not subject to disposition of non-prosecution on July 15, 2016, and was therefore aware that the above content was false.

Accordingly, the defendant has damaged the honor of victims by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Investigation report (the complainant shall confirm and report the death of the F.I.D.);

1. Investigation report (Attachment to a decision not to prosecute a case in which the victim filed a complaint);

1. Application of Acts and subordinate statutes on the petition of accusation and the list of addressees;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The Criminal Act to attract a workhouse;

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