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(영문) 대구지방법원 2015.09.23 2015고정1154

명예훼손

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant has been aware of the victim C and 10 years prior to the victim C.

In 2013, the Defendant damaged the honor of the victim by openly pointing out false facts by stating that “C was a dead person at home,” as if the victim was a dead person, even though the Defendant did not have any fright at the victim’s house, the Defendant did not lose the lock at the victim’s house.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Application of Acts and subordinate statutes to a report on investigation (foreign currency content);

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. The defendant and his defense counsel asserted that the illegality of the defendant and his defense counsel's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act is excluded because they have consented to the act of the defendant's judgment.

However, in light of the following circumstances acknowledged by the evidence adopted and examined by this court, namely, the Defendant’s words to F as stated in the facts constituting a crime, which seem to be locked with the victim, and the victim agreed to the purport that “the victim was late at the victim’s home,” but this appears to have consented to the Defendant’s act at the time of late attendance. At the time of the Defendant’s late attendance, the victim was the male-child Gu, and the victim was the victim’s relation with the Defendant, etc., the victim cannot be deemed to have consented to the Defendant’s act, in full view of the following circumstances: (a) the Defendant cannot be deemed to have consented to the Defendant’s act; (b) the background leading up to the instant crime; (c) the detailed contents of the indicated facts; and (d) the method and degree of expression, etc., the Defendant’s consent to the Defendant’s act.

Therefore, it is true.