beta
(영문) 광주지방법원 순천지원 2012.11.01 2012고정228

명예훼손등

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 50,000 won shall be converted into one day.

Reasons

Criminal facts

[2012 high-level 228] On August 12, 2011, the Defendant damaged the reputation of the victim by openly pointing out false facts by pointing out false facts, despite the fact that the victim D, who is in charge of accounting in the C Trading Company, did not correspond with the Defendant’s husband E, the Defendant refers to the victim while the Defendant’s husband and F and the customer G are heard.

[2012cc. 453] On November 9, 2011, the Defendant: (a) around 11:30 on November 9, 201, 201, when the victim D, who is an employee, was released from the Defendant’s arms and clothes that he had been able to shut down the window at the Defendant’s office of trade in the net City, where the victim D, who was an employee, was able to do so.

As a result, the Defendant was stuffed with the right side part below that requires treatment for about two weeks.

Summary of Evidence

[2012 fixed 228]

1. Each legal statement of witness D, F and G;

1. Each police protocol of statement about D, F, and G [2012 high-ranking453];

1. Witnesses D and E's respective legal statements;

1. Statement made to D by the police;

1. E statements;

1. A medical certificate;

1. Application of video Acts and subordinate statutes recorded in the USB of the video recordings;

1. Relevant Article 307(2) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of fines for the crime, and the choice of fines for the crime;

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

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

1. The defendant asserts that the defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act is not only a fact that he/she made a statement that may impair the victim D's reputation, but also a fact that he/she has no public performance.

Since credibility of the statement in the investigation agency, D, F, and G and in the court is recognized, it is recognized that the defendant made a statement about the victim's reputation in the commercial area in which F and G are heard.

In addition, the public performance, which is the constituent element of defamation, is.