beta
(영문) 울산지방법원 2014.04.07 2013고정1280

명예훼손

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

Around 14:00 on May 12, 2013, the fact that the victim C divorced from the husband on or around July 10, 2004 at air and correspondence colleges located in Ulsan-gu Sungdong, Ulsan-gu, U.S.A. Around 14:00, the victim C told D to the effect that “C died of leuk-gu who is the husband's living, and died of leuk-gu disease even though the husband died of leuk-gu leuk-gu, the husband on or around July 10, 201.” While the husband died of leuk-gu, U.S. who died of leuk-gu, Ulsan-gu, U.S. who died of leuk-gu. Around 14:00, the family court caused the same judgment that it is difficult for the husband to raise and make it difficult for the children alone

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of the police protocol law to C

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act had no awareness of false facts at the time when the defendant makes the statement identical to the crime, and there was no awareness of defamation, and there was no intention of defamation, and there was no possibility of public performance. However, the defendant and his defense counsel's assertion is rejected for the following reasons

1. According to the evidence showing the awareness of false facts, even though the victim tolds that “the victim is divorced from her husband, and the husband is living with her husband,” it is recognized that the victim made the statement about the victim, such as the criminal facts, even though she did not see the victim’s statement that “the victim gets divorced from her husband, and her husband raises her children while living with her husband,” and it is recognized that the victim made the statement about the victim, such as the criminal facts, even though she did not see it.

In addition, the defendant does not have to do so.