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(영문) 서울북부지방법원 2019.09.25 2019고정583

명예훼손

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 9, 2017, at least 07:30, the Defendant used the victim’s work route from Seongbuk-gu Seoul Metropolitan Government BFD C’s corridor to the outer alleyway, and was subject to intimidation from the victim due to noise in 2015, and the Defendant was subject to intimidation by the victim in a genuine case, and the Defendant considered the victim’s non-suspected disposition of intimidation was due to the victim’s falsehood, and the Defendant’s awareness was good, although the victim did not have made a false statement, the Defendant’s efforts to see the victim as follows: (a) during the process of the victim’s walking the above alley, the Defendant was in compliance with the victim’s reputation by pointing out the victim’s false statement, such as “d such a false statement and death.” (b) during the period of March 30, 2018, both until March 30, 2018, it was a person who was a person who renders a false statement. (c) The Defendant attempted to damage the victim’s reputation by pointing out.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each police interrogation protocol against the accused;

1. Each police statement concerning D;

1. A complaint;

1. An investigation report (with respect to the confirmation of screen pictures CDs submitted by a complainant);

1. Written opinions in the records of criminal investigations related to a note prepared by the complainant D or a special intimidation case (not more than 1st page of investigation records, No. 32th page of investigation records);

1. Application of the Acts and subordinate statutes to capture the suspect at the time of committing the criminal suspect’s act, the video CD in which the appearance was stored;

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the order of provisional payment has been repeated for a long time against the victim by pointing out false facts with residents in the victim’s dwelling area.