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(영문) 수원지방법원 2014.3.13.선고 2013고단6707 판결
명예훼손
Cases

2013 Highest 6707 Defamation

Defendant

Kim Jong-chul (60-years, South Korea), self-employed

Accommodation-si

Reference domicile Daegu

Prosecutor

Sushee ( Prosecutions) and the highest decoration (Public Trial)

Imposition of Judgment

March 13, 2014

Text

Defendant shall be punished by a fine of KRW 1,00,00.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

The Defendant: (a) was a person with a GS Construction and ownership dispute with respect to 103 2402 Dong-dong 103, 2402, GS Construction and (b) concluded a facility security contract with GS Construction; and (c) the victim scamt service corporation was a person who made a report to the police several times to the victim’s facility security service; (d) the Defendant was able to spread the false room that the police officer dispatched for the reason that the victim did not commit any illegal act, thereby impairing the honor of the victim.

The Defendant, along with his wife on May 19, 2013: 00 and 14:0 on May 14, 2013, the following day: Around 00, the Defendant: (a) was in a commercial complex within a commercial complex of GS Construction, Young-gu, Young-si; (b) the victim was in front of the Defendant’s residence under a contract with GS Construction; (c) there was no fact that the victim was living in front of the Defendant’s wife; and (d) even though he was well aware of such fact, the victim was detained on May 15, 2013 and 17 even from June 2013 to May 17, 2013, the Defendant had been working for an apartment complex of the 103-dong, public apartment complex. “In order to open the door of a mixed female life inside the house, his parents wanting to keep the string of the house to the mar, including the real estate agent’s string and the 4-line.

Accordingly, the Defendant, in collusion with Park○-○, damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Defendant's legal statement;

1. 3 (Ligument of Appeal) , 4- - 1 (Ligument of Appeal)

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 307(2) and 30 of the Criminal Act; selection of fines

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act (100,000 won per day)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judge Meritorious;

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