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(영문) 춘천지방법원 2018.05.15 2017고단526
명예훼손
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a member of the Gangseo-gu Group B Senior Family Center, and the victim C is a person who is in the general office of the above senior citizen hall from August 9, 2015.

1. On April 27, 2016, the Defendant committed a crime on April 27, 2016, at the senior citizen center around 18:00 on April 27, 2016, and the fact that the victim did not arbitrarily use the public funds for the senior citizen center, despite the absence of the fact that the injured party arbitrarily uses the public funds for the senior citizen center, the Defendant referred the victim to the victim on the place where approximately 10 members of the above senior citizen center are located and referred to as “new members other than the general official

2. On April 30, 2016, the Defendant: (a) on the 2nd floor D located in Gyeyang-gu, Yangyang-gu, Suwon-gun on April 30, 2016, and (b) on the 18:15, the Defendant made a statement in the same manner as Paragraph (1) on the 32nd floor where approximately 32 members of the above senior citizens’ clubs are able to attend a meeting, notwithstanding the fact that the injured party had no arbitrary use of the public funds for the above senior citizens’ clubs

As a result, the defendant has damaged the honor of the victim by pointing out false facts twice.

Summary of Evidence

1. Details of C’s statement recorded in the third public trial protocol;

1. Details of the recording of the witness F and G in the fourth public trial record;

1. A protocol concerning the suspect interrogation of some of the police officers against the defendant (including the cross-examination);

1. Statement made by the police against C;

1. Complaints, additional materials (the details of the case and the list of evidence Nos. 23);

1. It is recognized that additional materials (the minutes of the board of directors’ meeting), additional materials (the minutes of the meeting), additional materials (the statement of passbook transactions), additional materials (the statement of expenditure resolution), and additional materials (the rules of the center for older persons) (the above evidence reveals that according to the foregoing evidence, the injured person’s public opinion was openly embling public funds in the center for older persons without any grounds under the influence of alcohol, as indicated in the judgment of the court below.

Therefore, we cannot accept the Defendant’s defense that there was no fact that the Defendant’s defense that he did not have in the senior citizen center on April 27, 2016 and that he embezzled public funds on April 30, 2016.

Application of Statutes

1. Relevant Article 307 of the Criminal Act concerning the facts constituting an offense, Article 307 (2) of the Criminal Act concerning the selection of punishment, and fine;

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