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(영문) 대전지방법원 2017.08.11 2017고정243

명예훼손

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant told C that “A victim D was a member of the husband’s post facto marriage with the E and was a member of the E, who was friendly or living together with the E, despite the fact that the victim was a member of the E, who was on the part of his husband at the place where he was commuting to and from work with C at the time of wintering in 2014.”

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

2. On May 2014, the Defendant told F to the effect that “D and E are living together and have difficulty in living,” although the victim did not have difficulties or had living together, as described in paragraph 1.

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

Summary of Evidence

1. Application of each legal statement statute of witness D, C, F, and E to each legal statement of D, C, F;

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

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

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant alleged that C and F made the same remarks as the entries in the instant facts charged.

2. Determination

A. According to the evidence duly adopted and examined by the court, the following circumstances are acknowledged, namely, the victim and E, as stated in the facts charged in this case, and they were living together with the victim and E.

The complaint of this case was filed by requesting C, F, etc. to prepare a written confirmation of facts that he had a question and talked with the defendant and asked him to do so.

The C and F also make a consistent statement from the investigative agency to this court, in addition to preparing a fact-finding document to the same effect.