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(영문) 대전지방법원 논산지원 2018.07.03 2018고단25

명예훼손

Text

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

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

Reasons

Punishment of the crime

The defendant is a resident living in the village of Chungcheongnam-gun, Chungcheongnam-gun, and the victim D is a head of the village.

On July 27, 2017, the Defendant damaged the reputation of the victim by speaking in a large voice that “D this and I would take part of KRW 8 million,” and speaking in the same place in E, F, G, and H, which is the four people at the community hall next to the community hall of the Dong branch of the Dong-gun assigned at around 3:00 p.m. on July 27, 2017.

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. The defendant and his defense counsel asserted that the defendant's statement of investigation is not unlawful because it was limited to the defendant's statement and opinion, and the defendant's statement was made in the process of raising suspicions against village transfer at an official meeting.

However, in full view of the circumstances and processes before and after the speech, the above speech is not merely the degree of citing or introducing the speech from the question or the police officer, but it is a case where it appears as if there exists such fact.

In addition, since it is not only during the meeting, but also a statement at a community where several community residents are gathered, it cannot be said that it is permitted under social norms.

The above argument is without merit.

Application of Statutes

1. Relevant Article 307 of the Criminal Act concerning criminal facts, Article 307 (2) of the Criminal Act concerning the selection of punishment, and selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;