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(영문) 창원지방법원 2013.09.24 2013고정485
명예훼손
Text

1. Defendant A shall be punished by a fine of 300,000 won, and Defendant B shall be punished by a fine of 500,000 won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

1. On July 3, 2011, Defendant A damaged the victim E’s reputation by openly pointing out the false fact that “E raised 20% of the management expenses according to the perception, because E and F housing have been entrusted with services in collusion with each other,” as it is a premises broadcast received from all officetels occupants at the D Office of Office of the Changwon-si Office of Business Worlds.

2. (1) At the end of July 2011, Defendant B, at the time of the end of the above paragraph (1) of this Article, abused the reputation of the victim E by openly pointing out false information that “E had been drinking more than KRW 100 million,” among many unspecified people, such as G outside residents, within the elevator location of the elevator at the end of the end of July 201, Defendant B damaged the reputation of the victim E. (2) Defendant B, on August 1, 2011, used the money punishment of the specific persons E and E and prosperity meeting for private use. For example, Defendant B waste management expenses by granting an estimate of KRW 16 million for the fire-fighting construction work requiring KRW 7 million. For the last one year, two directors of the management office, three accounting officers, and one guard were dismissed, without any error.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. The second police interrogation protocol against Defendant B and A (including each substitute part);

1. Application of Acts and subordinate statutes concerning slandered materials;

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of punishment;

2. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above.

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