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(영문) 수원지방법원 2019.07.16 2019고정481
명예훼손
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

[Criminal Power] On April 27, 2018, Defendant A was sentenced to a suspended sentence of three years for a period of one year and six months by obstructing worship at the Suwon District Court on April 27, 2018, and the said judgment was finalized on April 25, 2019.

【Criminal Facts】

Defendant

B. Defendant A is the members of the D church in Suwon-si C, and the victim E is the member of the same church, and the Defendants and the victim continued to dispute due to the operation of the church, and the victim was prosecuted for embezzlement on April 7, 2017, which became final and conclusive around that time.

On September 18, 2017, at around 08:45, the Defendants: (a) 08:45, put up a banner stating on the outer wall of the said Diplomatic Association that “the actors of the horses who reversed the life and trust of the accident party, theft, embezzlement, fraud, and breach of trust shall not be any longer a member of the society; (b) continuously paid the said banner on September 25, 2017; and (c) attached it on the outside of the glass window so that they can be seen by the members of the church who enter the church, who enter the church; and (d) damaged the victim’s reputation by openly pointing out false facts.

Summary of Evidence

1. Some statements made by the Defendants in each police interrogation protocol

1. Statement to E by the police;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and judgments (applicable to cases other than 2017 high-class 3484, and 14 cases) and other Acts and subordinate statutes;

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 307(2) and 30 of the Criminal Act; the Defendants’ choice of fines

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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