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(영문) 인천지방법원 2020.11.05 2020고정1522

명예훼손

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 8, 2019, the Defendant of defamation, around July 8, 2019, damaged the reputation of the victim by pointing out false facts and pointing out that “D assaults assaulted E, but the general manager of the merchants’ association, although the victim D did not assault E,” thereby impairing the victim’s reputation by stating that “D would be referred to a hearing.”

2. On July 19, 2019, the Defendant of defamation, around July 19, 2019, talked with the Defendant and the victim in Hart located in the Jung-gu Incheon Metropolitan City G, and damaged the victim’s reputation by suggesting that “The victim suffered an injury due to an assault from the Defendant, but it is a diagnosis that D caused an injury to the victim.”

3. On July 30, 2019, the Defendant defamationd the victim’s reputation by pointing out false facts and pointing out false facts at the container office located in Jung-gu Incheon Metropolitan City, Jung-gu, stating that “The victim abused D B, but is the victim himself/herself by assaulting D. D.)” to L, a member of the merchants’ association, even though the victim did not assault the Defendant.”

4. On November 7, 2019, the Defendant defamationd the victim’s reputation by pointing out false facts and pointing out false facts at the “N” restaurant located in Jung-gu Incheon Metropolitan City, Jung-gu, despite the fact that the Defendant was at the time of the victim’s head, etc., the Defendant, who is a member of the merchants’ association, thereby damaging the victim’s reputation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of each statute of fact-finding confirmation;

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts, Article 307 (2) of the Criminal Act selection of punishment,

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

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