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(영문) 광주지방법원 순천지원 2014.07.25 2014고정232

명예훼손

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 2013, the Defendant damaged the victim’s reputation by openly pointing out false information by stating that “The Defendant did not go to a hospital by 5-6 community people, such as the head of the package race car, and there was no other male and female house staying outside the hospital,” despite the fact that the victim E had not come out of the hospital while being hospitalized at the hospital.”

Summary of Evidence

1. The witness E, G, and H’s each legal statement in this court [the witness H appears in this court as a witness and stated in this court that “The defendant did not know that he did not have to go to the ward.” The defendant later stated to the effect that he sent the oral statement to G. The witness G stated to the effect that he again transferred the above contents to E, taking into account the fact that he again returned the above contents from H, and that the witness E stated that he was accused of the defendant’s complaint, the application of the law can be recognized as a fact detrimental to E as stated in the criminal facts in the judgment of the defendant] shall be applied.

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

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

1. It is so decided as per Disposition in view of the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not available from the victim and the victim is punished against the defendant.