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(영문) 서울중앙지방법원 2019.08.28 2019고정543

명예훼손

Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On September 19, 2017, the Defendant of defamation, on September 19, 2017, sent a large voice with a resident of the name-free C heading in front of the Gwanak-gu, Seoul Special Metropolitan City B apartment C heading, thereby damaging the victim’s reputation by openly pointing out the following facts: “I am, attempted murder D, stolen scoo in the scoo, and stolen scoo in the width.” “I am, I am the police scoo?” and “I am, I am you am the prosecutor knew, because I am you am you am, I am you am you would know, because I am you am the prosecutor knew of the scoo in the scoo.”

2. 2017. 10. 1.자 명예훼손 피고인은 2017. 10. 1. 07:55경 서울 관악구 B아파트 E호 현관문 앞에서 성명불상의 E호 거주자 등이 듣고 있는 가운데 “어디서 내 스쿠터를 훔쳐 가지고 (후략)”, “이런 도둑놈이 어딨어”, “절도범”이라고 소리쳐 공연히 사실을 적시하여 피해자의 명예를 훼손하였다.

Summary of Evidence

1. Statement made by the police with regard to D;

1. A report on investigation (the other party to CCTV at the scene of submission of a complaint) and a photograph of CCTV suspect;

1. A certified copy of the decision 2017Gohap441, certified copy of the decision 2017No2547, and certified copy and certified copy of the decision;

1. A written decision on a temporary injunction and a decision on indirect compulsory performance;

1. Application of Acts and subordinate statutes to Chapter 1 of F Maps, apartment 15-story drawings, each screen CD submitted by the complainants;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Summary of the facts charged

A. On September 19, 2017, the Defendant of defamation, around 07:15, 2017, on or around September 19, 2017, dialogueed with the Defendant’s name-free C heading around B apartment C heading in Gwanak-gu, Seoul Special Metropolitan City, with a large voice from the Defendant, although the victim D did not commit a theft of the Defendant’s Otobba, the Defendant “Yh, Do Do Do Do Do d, scoo because he stolen the Defendant’s Oba,” and

Police frackersp.