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(영문) 대구지방법원 2019.03.21 2018고정1161

명예훼손

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 52) came to know at the house of the D (n, 73 years old) located in the Gyeongbuk-gun, Gyeongbuk-gun, that they came to know about one to two times a week, such as Dongn residents, and that they came to know about that they came to play.

At around 15:40 on June 24, 2018, the Defendant, while playing in the house of the above D, brought about a dispute with the victim, such as 5-6 persons from the house of the above D, and at this time, the victim at first stated that the Defendant, “I am Bara, Kara, F, and Kaora, I am am Bara,” and the Defendant, against this, said that the Defendant, “I am am f, I am am at the end of the G.”

However, the fact was that the victim and the F were not in a bad faith relationship.

Accordingly, the defendant has damaged the reputation of a female by openly speaking a false fact as the victim was in a bad relationship with F.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of the law to the police statement statement of B, H, D, and I

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 62(1) of the Criminal Act suspended execution (i.e., the first offender, the background leading to the instant crime, and the fact that the victim B did not interfere with the criminal agreement on his/her own, and that the instant criminal complaint led to the instant criminal complaint);