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(영문) 울산지방법원 2019.01.17 2017고정1202

명예훼손

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

At around 15:00 on August 2016, the Defendant damaged the honor of D by openly pointing out false facts to the effect that “D sold or brought about the raw materials of “E” operated by the Defendant,” but the Defendant did not arbitrarily sell or bring about to the Defendant’s operation of “E.” to G employees of the business partner G, the business partner, “D sold or brought about a so-called so-called “D sold or brought about a criminal complaint.”

Summary of Evidence

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

1. Application of the Acts and subordinate statutes on witness G and D’s respective legal statements;

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. As to the Defendant’s assertion and judgment under Article 62(1) of the Criminal Act ( comprehensively taking into account the following: (a) the Defendant was the first offender; (b) the Defendant did not speak with a bad faith to impair the victim’s reputation; and (c) made a statement in the process of resolving his/her suspicion as to D; (d) the Defendant appears to have weak criminal intent as to defamation; (b) the Defendant talked only with G that is not a large number of people; and (c) the Defendant had lived faithfully

1. The Defendant asserts that G did not make a statement of facts constituting a crime itself.

2. Unlike the Defendant’s assertion, G stated that the Defendant appeared to have made a statement on the facts constituting an offense.

Ultimately, the key issue of this case is whether a witness G's testimony is credibility or not.

Witness

G Statements may be recognized as credibility in full view of the following circumstances known through a public trial and the record of evidence:

(1) Defendant and G dialogueed with each other at the date and time of criminal facts, and among them, talks that the Defendant and his/her wife do so very difficult, and they do so.