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(영문) 창원지방법원 통영지원 2015.11.06 2015고정502

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

1. At the end of August 2014, the Defendant: (a) even though the Defendant did not know that the Victim E did not commit fraud, the Defendant undermined the victim’s reputation by openly pointing out false facts by publicly pointing out false information at the place where three persons, such as F, etc. are heard, even though the Defendant was not a victim E.

2. On September 2014, the Defendant damaged the victim’s reputation by openly pointing out false information, “F, G, H, and members of the HY association, all of which are 10 members of the HH association, regardless of the fact that the victim E was not the victim’s morale,” by openly pointing out the victim’s reputation on the spot where approximately 10 members of F, G, H, and H association are heard.”

3. Around November 2014, the Defendant damaged the victim’s reputation by openly pointing out false facts, “The victim’s reputation is not changed, but is well determined,” while the victim E did not have any fact that it was the victim’s morale at a cafeteria near the creative axis center located in Changwon-si, Changwon-si.”

Summary of Evidence

1. Each legal statement of witness F and G;

1. Application of the law to each police statement of E, F, and G [The credibility of each statement of F and G is recognized in light of the following: (a) the police statement of E, F, and G is not likely to have made a false statement for the following reasons; (b) the defendant's relationship with the defendant; and (c) the defendant's defamation as stated in the facts of crime is recognized]

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

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.