명예훼손
Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
The defendant jointly operated a club called "C" with the victim B.
A. The Defendant, around May 2016, at the 8th floor “C” club of Mapo-gu Seoul Metropolitan Government DD Building, and in fact, B did not have the wind and did not assault the Defendant. However, the Defendant called to E, who is an employee of the customer, and called to “B the wind.”
B To assault A at the time of drinking only.
“.......”
B. The Defendant at “G” clubs operated by F on October 2016, 2016, and “B” to F.
“.......”
Accordingly, the defendant injured the victim B's honor by pointing out false facts respectively.
Summary of Evidence
1. Each legal statement of witness E, B, and H;
1. Partial statement of the witness F;
1. A recording file CD;
1. Recording notes;
1. Determination as to the issue of photograph by cutting I course
1. Whether or not the defendant has made the same remarks as the facts constituting the crime in the judgment of E and F;
A. The defendant and defense counsel in the part E are operated by the defendant.
C) The reason is that the liquor price of a club (a club exclusively for children) is settled at will, and because it is highly likely that he/she made a favorable statement to B because he/she was in a hostile relationship with the Defendant due to its date, he/she has no credibility.
However, as between February 27, 2017 to March 29, 2017, E’s payment of alcoholic beverages of this club is between E and the Defendant, it is difficult to doubt the content of the above I’s message, in light of the fact that it is recognized that there was a big conflict between E and the Defendant (No. 2-1, 2, 3 of the evidence submitted by the Defendant), and that the I’s message (15 pages of the investigation record) was sent on January 13, 2017.
Considering that the above I’s message and E’s police testimony and the legal testimony are mutually consistent, the above I’s message and E’s police testimony and testimony are reliable, and in full view of the above evidence, the Defendant hedging this wind to E.
B To assault A at the time of drinking only.
“.........”