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(영문) 청주지방법원 충주지원 2017.12.20 2017고정212
명예훼손등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, a prosecution against defamation is instituted.

Reasons

Punishment of the crime

On October 16, 2016, at around 09:00, the Defendant maintained its utility, such as making it impossible to use the toilets because the Defendant’s husband was in a rental and operation of the above C, on the ground that the Defendant’s husband was in a state of not good condition due to the price for the neighboring C and the sublime at the old room of the community hall located in the Chungcheongbuk-si, Chungcheongnam-si, Chungcheongnam-si, a neighboring resident.

Accordingly, the defendant has harmed the utility of property owned by others.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the crime. Article 366 (Selection of Penalty Penalty)

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The dismissed part of the prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., the fact that the defendant recognized the crime of this case; damage caused by the crime of this case is not significant; the defendant agreed smoothly with the victim after the issuance of the summary order

1. On October 18, 2016, the summary of this part of the facts charged (Defamation) stated the false facts as follows: (a) the Defendant entered the victim C (the 60-year husband), who was parked in the village fish return in the village E in the Chungcheongbuk-si, Chungcheongnam-si, Chungcheongnam-si, the husband of the FIstren vehicle (the 60-year husband), into a private pension in the lower part of the FIstren vehicle, which is a private pension.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. This part of the facts charged is an offense falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act.

According to the records, it can be recognized that the victim submitted a written agreement that he/she does not want the punishment of the defendant after the prosecution of this case.

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