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(영문) 인천지방법원 2018.05.25 2018고정610

명예훼손

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On March 2017, the Defendant, at the “C main point of the Defendant’s operation,” located under the building B in Bupyeong-gu Incheon Bupyeong-gu, Incheon, called the victim D’s friendship E, and the Defendant was well aware of the fact that “in the Republic of Korea, the Defendant was also traveling along with D and several years, and the photograph was affixed thereto, and the victim was not good.

“.....”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Investigation report (person E telephone conversations) (the defendant and defense counsel cannot recognize performance in light of the occupation of E, the relationship between E and the victim, etc. after the conclusion of pleadings, and thus no crime of defamation is committed;

argument is asserted.

In the crime of defamation, performance refers to the state in which many, unspecified or unspecified persons can be recognized, and even if one person spreads the fact, if there is a possibility of spreading it to many, unspecified or unspecified persons, it shall meet the requirements of performance (see, e.g., Supreme Court Decisions 83Do891, Feb. 28, 1984; 99Do4579, Feb. 11, 2000). According to the above evidence, the defendant becomes aware of a private person’s insurance design E with the introduction of a victim in relation to the purchase of fire insurance, and becomes aware of the fact that the crime of this case was committed while communicating with E in relation to the insurance, the victim is the victim’s relationship, and the spouse of the victim is also aware of the fact in relation to the claim by the investigation agency, and the defendant can be acknowledged in relation to the claim by the investigation agency.