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(영문) 광주지방법원 순천지원 2015.05.19 2014고단2079
명예훼손
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Defamation against C;

가. 피고인은 2012. 9.경 순천시 D아파트 106동 604호에 있는 E의 집에서 사실은 피해자 C이 친구의 애인과 교제한 사실이 없음에도 불구하고 E에게 “C은 배움이 짧아 무식하고, 친구의 애인을 가로챈 부도덕하고 파렴치한 놈이다. C은 품행이 좋지 않아 친구들 사이에서 매장당한 상태다”라고 말하였다.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

B. On October 16, 2013, around 22:00, the Defendant damaged the honor of the victim by openly pointing out false facts by making the horses, such as paragraph 1(a), to E at the place of paragraph 1(a).

2. Defamation against F;

A. On September 2012, the Defendant: (a) at the E’s house located in 106 dong 604, 2012, the victim F was not married or living with C; (b) in spite of the fact that the victim F was married or living with C, the Defendant “F is a bad woman who is currently living with C; and (c) has divorced C’s denial to marry with C; (d) the F is a woman with a good quality of having married C’s money in an old and conclusive manner. The instant complaint case was filed in the Jeon-nam land, namely, “F led to the occurrence of the instant case.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

B. On October 16, 2013, around 22:00, the Defendant damaged the reputation of the victim by openly pointing out false facts by making the horses as referred to in paragraph 2(a) to E at the place of paragraph 2(a).

Summary of Evidence

1. The defendant's partial statement in court (a statement to the effect that each statement was made by the defendant);

1. Each legal statement of witness C, F and G;

1. Each police protocol of statement of C, E, and G;

1. Each statement of E and H;

1. Application of Acts and subordinate statutes to C, F’s accusation, C’s marital relation certificate, expulsion from the register, certified copy of resident registration card, C and F’s abstract of resident registration card;

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

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