(영문) 의정부지방법원 2017.06.15 2016고정1688

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자간(%)

(영문) 의정부지방법원 2017.06.15 2016고정1688

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

The defendant is a legal couple married to the victim C around March 2001.

On June 2015, the Defendant explained the reason why he could not pay the rent to the owner of the leased building D at a Habman's place, and explained to the telephone, "Saman is to be divorced, but it is impossible to reduce the rent, the head of the Tong at which the sale is deposited, cut off the head of the Tong, and asked the Defendant to return the deposit money for lease due to the occurrence of the damage from the victim and E, and called to the Defendant, the Defendant: (a) the said D was called to “I cannot cause any damage to E; (b) E was the other party to the divorce lawsuit in South Korea; and (c) E was living in South Korea without our work; and (d) C was able to live in Yangyang by openly pointing out the fact.”

Summary of Evidence

1. Statement made by C by the witness in the third public trial protocol;

1. Protocols of examination of witnesses regarding D;

1. An investigation report (a report accompanied by a summary order issued by reference D);

1. The defendant asserts to the effect that the contents of the statement to D are different from those of the facts charged, and that the contents of the statement to D are merely those of the lessor to provide the minimum information to D, thereby undermining the reputation of the victim.

However, according to each of the above evidence, it can be sufficiently recognized that the defendant made a statement to D as described in the facts charged, and furthermore, such a statement constitutes a statement of fact to the extent that it can be immediately inferred that the victim and E are in in an inhumanious relationship in light of the empirical rule, and thus, the defendant made a statement of specific facts sufficient to lower the victim's social value or evaluation by making the above statement.

The decision is judged.

Therefore, the above assertion by the defendant is without merit.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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