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(영문) 서울서부지방법원 2013.10.02 2013고정597
명예훼손
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the head of the “D Child Care Center” in Mapo-gu Seoul Metropolitan Government.

1. On July 25, 2012, the Defendant called “E, a child-care center teacher, was deprived of the qualifications for the head of the child-care center due to embezzlement and breach of trust, so the F president was deprived of the qualifications for the head of the child-care center, thereby making another teacher known of his phone number.”

However, there was no fact that the F Director commits embezzlement or breach of trust, and there was no fact that he was deprived of his qualification.

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

2. On July 27, 2012, around 08:50 on July 27, 2012, the Defendant stated that “The F Director was deprived of the qualification for the president due to embezzlement, breach of trust, and became the principal of the childcare center and the kindergarten directly,” and that “the head of the childcare center is the principal of the childcare center. The inside of the country directly operates the kindergarten and the childcare center, and the teachers’ meeting will be held.”

However, there was no fact that the F Director commits embezzlement or breach of trust, and there was no fact that he was deprived of his qualification.

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

Summary of Evidence

1. Each legal statement of witness E and G;

1. Application of the police protocol of statement to F;

1. Article 307 (2) of the Criminal Act and Article 307 (2) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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