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(영문) 수원지방법원 성남지원 2012.11.30 2012고정975
명예훼손
Text

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

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

Reasons

Punishment of the crime

The defendant is the vice-chairperson of the D Council, an incorporated association.

In fact, there was no fact that the former executive body of the Council consisting of 14 persons, including E, received money from F’s representative G or received golf contact.

Nevertheless, the Defendant, by pointing out false facts on two occasions as follows, has undermined the honor of victims E, H, I, J and K among the members of the above executive organ.

1. On January 18, 2012, the Defendant expressed publicly false facts by stating that “The former executive organ has been given golf contact with the said company and received money from the said company,” while hearing ten members of the said association in the office of the said Council located in Gwangju L on January 18, 2012, the Defendant stated that the former executive organ would offer money from the F selected as the waste collection company.”

2. On February 2, 2012, the Defendant made a public statement of false facts by stating that “The former executive organ has been given golf contact with a company that received money from a full-time executive organ and received money from the said company” in the same place as that set forth in paragraph (1) at the same time as that of February 2, 2012, the Defendant stated that the former executive organ would not receive money from the F selected as a waste collection company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness I, M, H, E, N, andO;

1. A protocol concerning the examination of partial police officers of the accused;

1. Application of Acts and subordinate statutes on the list of executives of the D Council, 2011;

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 Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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 defense counsel regarding the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act shall not make the aforementioned remarks.

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