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(영문) 부산지방법원 2019.05.13 2018고정1946

명예훼손

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the Defendant’s real estate owned by the Defendant from May 20, 2016 to February 28, 2018, and the “three-dimensional office size” located on the first floor B in Busan Jin-gu, Busan, as the complainant C; hereinafter “Appellant”).

leased to the Corporation. A.

From the end of April 2018 to May 2018, the Defendant damaged the reputation of the complainant by openly pointing out facts, such as “The Defendant was found in the office of the complainant located in Busan Jin-gu, Busan and the second floor, and was heard by the complainant’s partner E and F, and the complainant was heard by the complainant.”

B. On June 4, 2018, around 17:00, there were neighboring merchants in the Busan-gu G, Busan-gu, and the Defendant’s office, the complainant and E, who demanded the Air-conditioning Price, damaged the reputation of the complainant by openly pointing out facts, such as “this son is a bad credit holder, a criminal record, a monthly rent for three months or more, and a director is a impule.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, C and F;

1. Application of the respective Acts and subordinate statutes of E and F;

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;

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

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

4. Determination of the Defendant and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion was that the complainant was not present at the time when there was a dispute with E at the place indicated in the facts charged.

There is no fact that the defendant made a statement that impairs the reputation of the complainant as stated in the facts charged, and there is no reason to speak as such.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by this Court, the Defendant E and F.