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(영문) 광주지방법원 목포지원 2018.07.20 2017고정451
명예훼손
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 19, 2016, the Defendant damaged the honor of the victim D by openly pointing out false facts with the following purport: (a) although the victim D had not arbitrarily used public funds, such as expenses for certification of pro-friendly environmental agricultural products, while the victim D moved in the village, the Defendant stated that “the embling of D community funds” was made to the residents of E and F, etc.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or G;

1. A written petition;

1. Application of Acts and subordinate statutes to investigation reports (report on confirmation of the result of disposition in the relevant case);

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. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assertion that the Defendant’s act was unlawful in accordance with Article 310 of the Criminal Act, since the Defendant stated true facts that D embezzled community funds for the public interest.

2. According to the above evidence, D has not embezzled public funds such as expenses for certification of pro-friendly environmental agricultural products as this Chapter, and D has embezzled public funds of the village.

Although there is no clear doubt that D has embezzled public funds of the village, the Defendant embezzled D’s public funds to the village residents without properly ascertaining whether D embezzled public funds of the village.

According to the above facts, the defendant stated false facts that D embezzled community funds, and that D embezzled community funds, and that D embezzled community funds.

there are reasonable grounds to believe that there are reasonable grounds to believe

Therefore, the illegality of the defendant's act is not dismissed in accordance with Article 310 of the Criminal Act.

Therefore, the defendant's assertion is not accepted.

The acquittal portion

1. The summary of this part of the facts charged is H, I, and J. on September 5, 2016, at the Newanan-gun C and the first place of arrival before September 5, 2016.

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