명예훼손
Acquittal of the accused shall be acquitted.
The Defendant, on November 21, 2013, damaged the reputation of the victim by openly pointing out false facts by stating that “The victim D(34 years of age) had no sexual intercourse with the Defendant’s husband.” However, the victim’s sound, such as E and F, so that the residents of apartment units can listen to the Defendant, such as E and F, can live in the same apartment unit, and how to see it. Thus, the Defendant damaged the victim’s reputation by openly pointing out false facts.”
Judgment
In light of the victim’s police statement, etc., the facts charged in the instant case appears to have undermined the honor of the victim by openly pointing out false facts from the stairs of the second floor, which was around 40 minutes from November 21, 2013 to about 23:20 minutes of the above C Apartment 101, 3-4, 3-4, as above.
In addition, according to the court and police statements of the defendant, the victim's police statements, etc., the defendant, while under the influence of alcohol at the time, misunderstanding the relationship between her husband and the victim's wife and the victim's wife, and avoiding the disturbance, he/she can find out the fact that the above false facts were stated.
However, according to the records, the Defendant was subject to a disposition of notice of KRW 50,00 won of the penalty pursuant to Article 3 subparag. 20 of the Punishment of Minor Offenses Act on the grounds that around 00:00 on November 22, 2013, the Defendant committed an offense of “magak” around 101, 204, and 204, and the said penalty was paid around that time.
The facts charged in this case and the above offense are identical in light of the basic point of view, such as the date and time, place, means, content and form, the other party, and the nature of the offense.
According to Article 8 (3) of the Punishment of Minor Offenses Act, a person who has paid a penalty does not be punished again for the same offense, but this is recognized as having the effect corresponding to the final judgment for the payment of penalty by notification disposition.
(e).