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(영문) 대전지방법원 2012.12.27 2012고정2482
명예훼손
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On May 31, 2012, the Defendant prepared at the Defendant’s office of Daejeon Seosung-gu B Apartment 411, 801, and 801, a document stating that “A/D Unregistered Building Unit Co., Ltd. is able to know the thickness of purchasing the multiple houses.” The Defendant: (a) a person who constructs multiple houses, with bad faith, filed a report on an illegal building on one’s own owned detached houses; and (b) made a report on an illegal building at least three instances per day to the former office, and continued to file a civil petition without completely removing the illegal building; and (c) made the case by making a report at least two times a day on one’s own to the former office; and (d) made it possible to accept a leasing business on one’s own; and (e) made the document stating that “A/D Unregistered Building Co., Ltd or his wife acquired the building, EF, and G sent it by mail around that time.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The first written statement made to C at the police station;

1. A written statement;

1. Each investigation report (investigative records, 264, 265, 300 pages);

1. Application of the Acts and subordinate statutes to copies of postal items (a copy of investigation records 99-101 pages);

1. Relevant provisions of the Criminal Act and Article 307 (1) of the Criminal Act concerning the choice of punishment;

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

1. The defendant asserts that the defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act is true and is related to the public interest, and thus, it does not constitute a crime under Article 310 of the Criminal Act.

In light of the contents of the document sent by the Defendant, the scope of the party who received the mail, the relationship between the victim and the victim, the circumstances leading up to the Defendant’s disclosure, and the method of expression.

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