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(영문) 전주지방법원 2017.01.20 2016고단2015

명예훼손

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim C are taxi articles working in D, and the defendant and the victim are those with the workplace rent.

1. On May 2016, the Defendant undermined the reputation of the victim by openly pointing out false facts by publicly pointing out that “C is not attached to D Managing Director G” at the seat of H and I, a taxi engineer of Dong-gu, despite the fact that the victim had not invaded with G,” on May 2016.

2. On May 26, 2016, the Defendant defamationd the victim’s reputation by openly pointing out false facts by openly pointing out the following false facts at the D conference room located in the Hai-gun, Hai-gun, on May 26, 2016, when the victim did not intrude with G, despite the fact that the victim did not do so, the Defendant damaged the victim’s reputation by openly pointing out false facts.

3. On June 29, 2016, the Defendant of defamation, at around 14:00 on June 29, 2016, damaged the victim’s reputation by openly pointing out false facts by publicly pointing out that “C is not a food with D taxi driver P” in the presence of Q, R, and S, a taxi engineer, despite the fact that the victim did not intrude with P. In spite of the fact that the victim did not do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to T or U;

1. Each written statement of H, I, M, Q, R, S,V, W, and C;

1. Complaint;

1. Application of Acts and subordinate statutes to each investigation report (victim telephone investigation and I telephone investigation);

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of punishment (opportune selection);

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

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

1. For reasons unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act, a person who suffers damage by repeatedly pointing out false facts on three occasions.