beta
(영문) 수원지방법원 안양지원 2015.04.10 2014고정1187

명예훼손

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around 06:00 on January 15, 2014, the Defendant damaged the victim’s reputation by openly pointing out false facts by publicly pointing out the victim’s perception that the victim D would drive the victim himself/herself into another living room, while considering E, F, G, etc. in the same living room.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each police statement made to D, F, and E;

1. Application of Acts and subordinate statutes to an investigation report (Reporting accompanied by a written judgment related to DNA fraud);

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that the statement made by the Defendant to the victim is merely an expression of intent and is not a factual presentation. Even if a statement of fact is a statement of fact, the illegality is excluded since it is a statement of true fact that is made for the public interest.

2. It is reasonable to view that the Defendant’s statement that “at the time, the Defendant was the victim that “at the Seoul detention center, whether he was a person who was unaware of the disabled persons,” constituted a statement of specific facts, not a mere statement of intention.

In addition, according to the evidence duly adopted and investigated by this court, although the victim was punished for fraud, there is no evidence or circumstance to prove that the victim committed the fraud against the disabled persons in the Seoul detention center, and thus, it can be recognized that the defendant made a false statement, and if such false statement is made, the reason for excluding illegality in accordance with Article 310 of the Criminal Act (the time when it comes to the public interest) is a problem.