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(영문) 인천지방법원 2019.07.12 2019고정1225
명예훼손
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On July 2018, the Defendant called “C” from the Yeonsu-gu Incheon Metropolitan City B building and “C” located in the third floor of the date, thereby impairing the honor of the victim E by openly pointing out the fact that “E’s male-friendly Gu has a defect in doping to E and reported Costa,”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Examination protocol of the accused by the prosecution (E, D, and comparison);

1. Application of the F dialogue-related Acts and subordinate statutes;

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 E, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, were an employee who had been working at the marina shop operated by D. At the time of the instant crime, E filed a complaint against the Defendant by sexual indecent act, as well as defamation and insult between E and D.

The Defendant appears to have committed the instant crime while committing the instant case related to D and E. However, even if the Defendant had the intent to force the Defendant’s sexual indecent conduct against himself, it seems that the content such as the criminal facts in the judgment was likely to sufficiently spread when it was delivered to D, which is related to an individual’s secret privacy and is likely to have been aggravated in connection with E.

In fact, D stated the same content as the facts of the crime in the F dialogue of the organization in which the victim is participating.

In addition to these circumstances, the arguments and records of this case, such as the fact that the defendant is recognized as committing the crime of this case, the fact that there is no specific penalty power after 1998, the damage has not been recovered or reached an agreement with the victim, etc., are recorded in the age and living environment of the defendant, the relationship with the victim, the motive means of the crime, the results of the crime, and the circumstances after the crime.

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