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(영문) 부산지방법원 서부지원 2017.10.26 2017고정107

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

Defendant C and around around 2010, the Defendant was in Busan Sho-gu.

As between “F” operated by E and “F” to be an employee, there is an inhumane relationship with the victim and the above E.

G et al. on January 4, 2017, the Busan District Public Prosecutor's Office filed a summary order on April 18, 2017 due to a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation), and issued a summary order of KRW 2 million at the Busan District Public Prosecutor's Office on April 18, 2017. However, the Busan District Public Prosecutor's Office filed a petition for objection and formal trial and is still pending

On February 5, 2017, the Defendant “I” located in H of the Busan-gu Busan-gu, Busan-do on February 5, 2017, and “I” to G.

In the case of denial of E, how much amount of money C has been paid to C and it is also stolen.

Borrowing money and theft of money from another shall be thiefed.

“.....”

However, there was no fact that the victim has stolen money while working in the "F" operated by E.

Accordingly, the defendant has damaged the reputation of the victim by openly citing false facts.

Summary of Evidence

1. Legal statement of witness G;

1. The Defendant and his defense counsel in determining the assertion of the Defendant in the investigation report (record file storage CD) and the defense counsel. At the time of the Defendant’s oral statement, G was found to have never been located in G and only J (I’s operation). G was found to the effect that, after recording the conversation between the Defendant and J with Handphones on the job, only the recording was made in the last time, and it did not appear to G, but it was not likely to spread to J when considering the personal relations between J and the Defendant. However, in full view of each of the evidence revealed in the summary of the evidence above, the above assertion is without merit.

Application of Statutes

1. Article 307(2) of the Criminal Act concerning criminal facts and Article 307(2) of the same Act concerning the selection of punishment.