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(영문) 수원지방법원 2014.10.16 2014고정1365

명예훼손

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 10, 2013, the Defendant damaged the reputation of the victim by publicly pointing out the false fact that “E is a murder incident due to a different quality, and is dead,” in the street room where several persons, such as the head of the management office D and the victim E, etc., are heard in front of the container located at the Manph Pung-si port located in the ancient city.”

Summary of Evidence

In light of the witness D's legal statement which is judged to have been objectively stated as a third party, the relationship between the defendant and the victim, the purpose of the defendant's statement in the prosecutor's investigation process, etc., it is reasonable to view that the defendant has damaged the reputation of the victim by pointing out

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes confirming facts

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 186 (1) and Article 191 (1) of the Criminal Procedure Act;