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(영문) 서울동부지방법원 2017.05.22 2016고단1743

명예훼손

Text

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

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

Reasons

Punishment of the crime

On December 29, 2015, around 21:17, the Defendant had access to the D Occupants of the website following the Internet at around Gwangjin-gu Seoul Special Metropolitan City, 1403 Dong 2004, and had continued to report the Defendant’s “F” to the Victim E on the bulletin board. The reason why E is Stoyer is that E had continued to report the Defendant’s intention to KaStockholm.

I think now, E was a stopin stopin.

In addition, whether the head of the Tong made a bundled mistake

At the same time, such as good-quality, etc., the author reads the author's opinion, and at least two new walls, and at the same time, the locked is rash by rashing the author's resistance and doing so only by E Stoer's behavior.

The above victim’s reputation was damaged by openly pointing out false facts by stating that “act, etc. to tell the E’s thoughts, such as the behavior to cut down the author’s flaps, etc.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of the statutes governing posting online and mobile phone pictures, mobile phone pictures, and posting online;

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The judgment on the assertion of the defendant and his defense counsel by taking into account all the circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstance after the crime, etc., such as the fact that the defendant did not reach an agreement with the victim: the first offender and the circumstance that may be considered in the circumstances of this case

1. The defendant and his defense counsel did not know the content of the notice of this case, but did not have the defendant's awareness that it was false even if it was false.

The argument is asserted.

A statement of fact in the crime of defamation is a concept substituted by an expression of opinion, the value judgment or evaluation, and a report or statement on specific past or present facts in time and space.