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(영문) 의정부지방법원 고양지원 2018.05.18 2017고정1085

명예훼손

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 14, 2016, the Defendant: (a) at the Management Office of Gyeyang-gu B Apartment-gu, Gyeyang-gu; (b) on September 14, 2016, notwithstanding that the Victim C and D are not in a badial relationship, the Defendant is in a badial relationship with C, F, G, H, etc., even though the Victim C and D are not in a badial relationship.

The victim’s reputation was damaged by openly speaking false facts, such as “..............”

2. On October 1, 2016, the Defendant: (a) at the same place as that of paragraph (1) around October 1, 2016, the fact is not related to the victim C and D; (b) however, the Defendant visited the said apartment I house owner for filing a civil petition, “C and D are in an internal relationship.”

“The honor of the victim was damaged by openly expressing a false fact.”

Summary of Evidence

1. Each legal statement of witness C, E, F, G, and H;

1. Part of the protocol of examination of the witness to J of the witness; and

1. The application of Acts and subordinate statutes to investigation reports (records of complainants and written confirmations);

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

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;