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(영문) 전주지방법원 군산지원 2018.11.30 2018고정202
명예훼손
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a clan farming representative.

On September 26, 2017, at the office of the clan E of the F of the building G of the former Haju-gun, it was written 60 copies of printed articles, 'for the purpose of distributing the clan members to the clan members.'

In preparing the above printed matter, the Defendant: (a) distributed false printed matter with the content that “the victim visited the H-class attorney-at-law to return to him in cash in the amount of KRW 500,000,000,000,000 that he received from him; and (b) subsequently damaged the victim’s reputation by publicly spreading it to the end.”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement protocol law to B

1. Article 307 (1) of the Criminal Code of the pertinent legal provision on criminal facts, the selection of a fine (the defendant asserts that the facts alleged by himself are true and solely for the public interest, such as the development of the clan and the unity of the members of the clan, and thus, illegality is excluded. However, the above facts alleged by the defendant are false, and there is no reasonable ground to believe that the defendant is true, and the above argument by the defendant is rejected)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The Defendant is a clan farming representative.

On September 26, 2017, at the office of the clan E of the F of the building G of the former Haju-gun, it was written 60 copies of printed articles, 'for the purpose of distributing the clan members to the clan members.'

In preparing the above printed matter, the Defendant did not demand the victim B to submit KRW 20,000 to the clanC and did not demand entertainment. The Defendant: (i) did not forge the head of the former president, who is the victim, to commit the fraud of the private document manipulation case; and (ii) instead, accessed the head of the former president, who is the victim, to enter into a good C trillion.

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