beta
(영문) 대전지방법원 천안지원 2012.05.17 2012고정190

명예훼손

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From September 23, 2011 to December 25, 2011, the Defendant stated that “I am off to singing rooms, including F, in the E-2nd floor store in Yannam-gu, the Defendant, and the victim D, “I am off to singing rooms together with the singular, vaga, vaga, D, and I am off to sing, and promptly am his sexual organ.”

그러나 사실은 피해자가 피고인 남편 후배의 성기를 빤 일이 없었고, 피고인은 남편으로부터 D가 성기를 빨려고 하였다는 후배의 일방적인 말을 전해 들었을 뿐 그 사실의 진위를 제대로 알지 못하였다.

The Defendant damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective statutory statements made by witnesses D, F, G and H in part;

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

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

1. The Defendant asserts that the Defendant did not have any talked with the entries in the judgment regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act.

In light of the following circumstances, which can be recognized by the evidence as seen earlier, that is, it appears that there was a question as to the entries in the judgment between the employees at the time, and that D appears to have heard such a question and made a telephone call to G to confirm whether it is a question, it is reasonable to deem that the Defendant had made the same talk as the entries in the judgment.