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(영문) 대구지방법원 2017.05.10 2016고정2083

명예훼손

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a director of the C church, and the victim D is a director of the C church.

On November 18, 2014, the Defendant: (a) had not received the victim’s signature from the C church believers E on the Froposium; (b) had the G housericker’s signature on the Frosium; and (c) had the “Dro,” sent a phone to Fros, and had the Defendant divided the Frosium into one another.

The self-gradation was also wrong, and there was a lot of lux and a lot of times.

D He collected a son, and instigated and talked with him, he was forced to receive almost half of his people.

The term "the instant false facts" (hereinafter referred to as "the instant false facts") damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Each legal statement of witness D, H and G;

1. Recordings, written applications (the defendant and the defense counsel of this case is not false, but the performance is not recognized because the defendant's timely statement to G is not likely to spread.

It asserts that “........”

(1) However, there is a relationship with G.

Even though they are aware of each other, the period of time is not less than one year, and ② the defendant does not spread the facts of this case while communicating with G.

When comprehensively taking account of the fact that the applicant did not even have, rather than the applicant’s husband, the applicant made I (G’s husband) who signed the application to deliver the contents of the call, ③ the G made the instant false fact to J, and ④ the victim appears to have not obtained the signature contrary to the intention of the person who signed the application, the possibility of falsity and dissemination of the instant false fact can be sufficiently recognized.

Therefore, the above assertion by the defendant and his defense counsel is without merit.

Application of Statutes

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

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 (amended by Act No. 310 of the Criminal Procedure Act) provides that a provisional payment order shall be issued.