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(영문) 대전지방법원 2019.09.26 2019고정363
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

The Defendant acquired KRW 10 million, among civil confirmation obligations (the amount of KRW 54 million and the amount calculated at the rate of KRW 15% per annum from April 16, 2015) against the victim B, and reported a meeting with C, etc., and damaged the honor of the victim by pointing out facts over 13 times in total as follows.

1. 피고인은 2018. 10. 23. 07:00경부터 09:00경까지, 16:00경부터 18:00경까지 대전 서구 D아파트 E동 앞에서, “D F호 혼주 B 사기꾼!! 피같은 내 돈 8,300만원 돌려주세요”라는 내용을 기재한 피켓을 들고 시위를 한 것을 비롯하여 그때부터 2018. 11. 2.까지 매일 총 11회에 걸쳐 같은 방법으로 시위를 하였다.

2. On November 7, 2018, the Defendant conducted a demonstration by citing the above in front of the victim’s work for the children in G at the time of the Sinjin-si on November 7, 2018

3. On November 8, 2018, the Defendant conducted a demonstration by citing the above contents in front of the Jdong Office of Jdong-si Office of the Victim I working in Jin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning B and C;

1. Application of the Acts and subordinate statutes to the ledger of photographs at the time of defamation of the suspect B prepared;

1. Article 307 (1) of the Criminal Act, the applicable law concerning criminal facts, the choice of punishment, and the choice of fines;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was unable to receive a claim against C and the victim, thereby causing the crime, and the circumstances are considered.

There is no criminal record for the defendant.

The defendant recognizes his wrong and reflects his wrong.

However, the defendant find several times in front of the victim's house and conducted a demonstration, and further works with children of the victim.

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