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(영문) 수원지방법원 성남지원 2015.09.17 2015고정266

명예훼손

Text

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

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

Reasons

Punishment of the crime

When a civil lawsuit was initiated between the victim and C by transferring the claim to the victim E by the obligee D, the Defendant: (a) around August 22, 2014, the Defendant had F file a complaint with the public service center of the Dongjak-gu Seoul Police Station for the charge of forging private documents, etc.

1. On August 26, 2014, the Defendant: (a) around 14:30 on August 26, 2014, at the G store in Sungnam-si, Sungnam-si, the Defendant: (b) stated that “F filed a complaint against E with the victim and C for forgery of private documents and violation of the Communications Act; and (c) in the next week, E is detained.”

However, the above F's complaint case was given only temporary case number due to the F's failure to appear in the court after submitting only the complaint.

Nevertheless, the defendant injured the victim's reputation by openly pointing out false facts.

2. The defendant has committed the same harm;

8. At around 14:00, the victim’s reputation was damaged by openly pointing out false facts, stating that the victim is bound to the next week, such as Paragraph 1, at the I store in front of the exit No. 3 of the said H Station No. 14:00.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness D and E;

1. A document certifying the preparation of the F;

1. In order to establish a crime of defamation of the grounds for conviction of each investigation report, a statement of fact must be made. Here, the facts in question refer to the past or present facts that may actually occur and prove. However, even if the day is described in the future, if it is based on the past or present facts or includes any assertion against it, the crime of defamation shall be established. Whether a statement of future days is based on the past or present facts or includes any assertion against it is caused by the overall purport, content, and statement as well as the indicated expressions themselves.