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(영문) 서울서부지방법원 2014.11.18 2014고정697

명예훼손

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 4, 2014, the defendant was sentenced to three years in Seoul High Court to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and confirmed on April 7, 2014.

1. On May 24, 2013, at least 15:10 on May 24, 2013, the Defendant: (a) had no fact of deceiving another person by the victim E located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) the Defendant attached a copy of the A4 paper stating that “I would not be sufficient to prevent the victim from being involved in the fraud of Escoph from being the fraud of Escoph; (c) you argue that you would have deceiving you; (d) you (referring to the content of the judgment). Since you would be disadvantageous to her by fraud, I would like to attach a copy of the A4 paper stating that you would be called “Ipophn Hah Hah Hah Hah Hah.”

Accordingly, the defendant has damaged the reputation of the above victim by openly pointing out false facts.

2. On May 24, 2013, the Defendant was in front of the building management office located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government H, and even though the victim was unaware of another person, the Defendant may not be shocked to the fact that the son was replaced by son’s son’s son G was unaware of son. It is argued (referring to the content of the judgment) that son’s son G was deceptioned to son (Fraud). Since son is disadvantageous to son-gu because son is also disadvantageous to son, one copy of the Form A4, stating that “The Maman is a Maman” was attached.

Accordingly, the defendant has damaged the reputation of the above victim by openly pointing out false facts.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Partial statement of E in the third protocol of the trial;

1. Legal statement of a witness I;

1. A complaint (including attached documents);

1. Previous convictions in the judgment: Determination of the case detailed inquiry and the assertion of the defense counsel applying each of the statutes of the judgment

1. Article 307 (2) of the Criminal Act and Article 307 (2) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes;