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(영문) 창원지방법원 마산지원 2017.06.13 2017고정191

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

The defendant is the victim C's high-class social relationship.

The Defendant, at around 15:00 on March 5, 2017, had no fact that the victim acquired, embezzled, or embezzled, 12 million won in the case of an international marriage in the Haak-gun, Hahnam-gun, Hahnam-gun, by deceiving or embling the victim at the time of the international marriage, he/she is entitled to engage in a astronomical letter that "the spouse of EM is the mother of the spouse."

At the time of international marriage, I received 12 million won for the elderly and received 12 million won for the marriage, and paid for the marriage without being given. They paid for accommodation expenses and fees to the marriage broker in a foreign country.

I have the honor that even if in the next session they would not be subject to these frauds.

The gold trading shall in any way be free from time to time.

The victim’s honor was damaged by publicly pointing out false facts by rootsing 30 copies of printed materials on a half of the paper describing “A4”.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Each judgment;

1. Application of printed materials-related Acts and subordinate statutes

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The crime of defamation is not established, since the victim is not specified because the name of the claimed victim is not indicated.

2. In order to establish the crime of defamation under Article 307(2) of the Criminal Act, the victim’s act of alleging false facts is identical to the theory of the lawsuit. However, since a person’s name is not necessarily required to be explicitly indicated, the act of alleging false facts without a person’s name is also an act of indicating false facts, if it is possible to find out whether the person is identified by considering the surrounding circumstances and the contents of the expression, the crime of defamation on the person’s reputation is committed.