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(영문) 대구지방법원 서부지원 2014.01.17 2013고정306

명예훼손

Text

Defendant

A A shall be punished by a fine of 500,000 won, and a fine of 1,00,000 won, respectively.

The Defendants were punished by fine.

Reasons

Punishment of the crime

The defendants are living together for about one year prior to the lapse of one year.

Defendant

A and the victim D (n, 68 years old) are adjoining persons, from July 18, 2012 to the same year.

8. By the end of 24.1 months he returned.

Defendant

A was to return KRW 17 million, which was remitted to the victim, but the victim was not returned from the victim.

1. Defendant A

A. On August 23, 2012, at around 10:00, the Defendant stated the victim as “a total of approximately 70 to 80 persons, including customers in the Froon store in Daegu-gu E-gu, 1301, the Defendant called “a total of 130 to 70-80 persons, including customers in the Froon store,” and “a total of 80 to 130 years from fraud, i.e., an adverse year, and a fine to the prosecution

As such, the Defendant insultd the public victim.

B. The Defendant around 10:00 on August 24, 2012

There are approximately 70 to 80 persons, such as customers, etc. at the same place as the same as the paragraph, the victim said the victim’s phrase “a year with a change of fraud, a bad year, and a fine to the prosecution.”

As such, the Defendant insultd the public victim.

2. On August 28, 2012, at around 10:00, Defendant B found the place specified in paragraph (1) with A, and stated that “D found the place at A’s home and was off, off, and forcedly engaged in sexual intercourse with A, in the place where G and H were located.”

As such, the Defendant damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness D and H;

1. Application of the relevant Acts and subordinate statutes confirming facts prepared by G;

1. Relevant Article 311 of the Criminal Act and Article 311 (Selection of Fine): Defendant B: Article 307 (2) of the Criminal Act;

1. A aggravated defendant for concurrent crimes: The former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act, which provides for an order of provisional payment.