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(영문) 부산지방법원 서부지원 2018.11.30 2017고정336

명예훼손

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant and B, and the victim C (name D before the opening of the name) were middle school students, and the above B was engaged in the construction work ordered by the Defendant and carried out the construction work with the seal of the above B, but there was no payment of wages, and there was still dispute over the construction work cost, such as submission of a petition against the Defendant to the Ulsan Labor Branch Office.

On October 5, 2016, the Defendant cited the fact that the injured party prepared the above written petition from E in a de facto marital relationship with E, and made a call to F, a middle school, and instead made a written petition against B, “B, by phoneing to B, the people who worked like B, filed with the Ulsan Labor Branch, on behalf of B, a middle school ward D.

With respect to the dispute between B and D, D used the phrase “B’s letter,” thereby undermining the honor of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F;

1. The application of Acts and subordinate statutes for investigation reports (a copy of letters sent by the complainant to the suspect);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant’s remarks cannot be deemed as a content that may infringe on the victim’s social values or evaluations.

B. Since the Defendant made a statement in the process of making a request for deletion of the writing written by the victim in the alumni conference G, there is no possibility of spreading it to an unspecified or many unspecified persons.

2. Determination

A. In order to establish a crime of defamation of reputation as to whether the victim's social value or evaluation has been infringed, a statement of fact must be made, and the alleged facts should thereby be made to the extent that the social value or evaluation of a specific person is likely to be infringed.

Even if a false fact was revealed, it is false.