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(영문) 서울남부지방법원 2020.05.07 2019고정1416

명예훼손

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

around March 2018, the Defendant, at the residence of Yangcheon-gu Seoul Metropolitan Government, destroyed the reputation of the victim by openly pointing out false facts, such as “D had 30 persons of Aar who live in the same dong-resident or had engaged in commercial sex acts,” and “D had 30 persons of D with 30 persons of Aare and died in a manner that she died on the roadside floor.”

Summary of Evidence

1. Application of the Acts and subordinate statutes governing legal statements of D, C, and E;

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of penalties;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Although the defendant's criminal facts are obvious in sentencing reasons under Article 186 (1) of the Criminal Procedure Act to bear litigation costs, there is no violation of his/her mistake while denying the crime of this case.

Considering this point, since the amount of fine for a summary order already issued cannot sufficiently achieve the purpose of punishment against the defendant, the fine shall be increased based on Article 457-2 of the Criminal Procedure Act, and the costs of the lawsuit shall be borne by the defendant, and the sentence shall be determined as per the order.