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(영문) 대전지방법원 2014.08.13 2013고정2187

명예훼손

Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

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

Reasons

Punishment of the crime

The defendant was a person who was living in the same kind as the victim, and the husband C of the defendant (here, 55 years of age) was living in the same kind D who was living in the same kind of neons, and he was given a loan of KRW 10 million,000,000 to him.

The Defendant, at around 19:00 on August 14, 2013, damaged the victim’s reputation by openly pointing out false facts in the presence of 20 and 3 members of the East-gu Seoul Special Metropolitan City Modern Modern Modern, on the ground that the victim E (here 39 years of age) was friendly with D in front of the removal site of the main apartment recycling product at the same time.

Summary of Evidence

1. Each legal statement of witness E and D (each statement is consistent and consistent with the main part, and if the defendant did not make such a statement, it appears that E had no need to confirm whether D made the statement to the same effect as D by making phone call to D. On the contrary, the F witness testified that the defendant was unable to make the statement like the criminal facts, but the F witness testified that he was unable to do so from the beginning, but it is judged that the F witness could not make the statement that the defendant did not seem to have shown to be all detailed from the beginning to the end).

1. Application of each police protocol of statement to E and D;

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

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

3. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. With respect to the assertion that there is no specific statement of fact, the Defendant’s defense counsel’s expression “this feassive and Chewing years,” which read “the feassive and Chewing years,” is merely a bath theory emphasizing abstract judgment or safic expressions, and is a statement of specific fact, which is the constituent element of the crime of defamation.