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(영문) 의정부지방법원 고양지원 2019.08.13 2019고정306

명예훼손

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On January 15, 2018, the Defendant considered that the victim B, who was the spouse before the divorce, had a conversation with another male before the divorce, or had a text message given and received, and the victim had maintained the inhumanity relationship.

1. Around July 2018, the Defendant, around 2018, injured the victim’s reputation by openly pointing out facts, stating that “B has been divorced with another male and the wind with the wind of another male,” while showing photographs that fit E and F are in the vicinity D in Soyang-gu, Seoyang-gu C.

2. Around October 2018, the Defendant, at the same place as on October 2018, displayed the victim’s clothes pictures to F at the same time, and damaged the victim’s reputation by openly pointing out facts, stating, “Around December 2017, the Defendant’s clothes taken by B, and the other male, was detected by DNA.” At the same time, the Defendant used E conversations to collect clothes from B around December 2017 and received an examination by DNA. It was detected by other males. (b) The Defendant damaged the victim’s reputation by openly pointing out the fact that “B has the wind.”

3. On November 22, 2018, around November 22, 2018, the Defendant injured the victim’s reputation by openly pointing out the fact that “G and B are in in influent relationship with the victim and they became divorced by avoiding the wind” while showing the photograph of H from the above D office to the victim’s company.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning B;

1. Each fact confirmation of E and F (No. 12, 15)

1. Each investigation report (F telephone conversations), investigation report (E telephone conversations), investigation report (H telephone conversations);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 307 (1) of the Criminal Act and Article 307 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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(2)1 of the Criminal Act for the detention of a workhouse;