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(영문) 서울동부지방법원 2014.08.19 2013고정2822
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant and the victim C had a neighboring relationship with the same gender as an apartment resident, and the victim could not have lent KRW 100 million to the former husband of the defendant, and the victim found the house of the defendant in the process of identifying the location of the former husband against the defendant, and became a problem of telephone contact with the defendant.

On April 2013, the Defendant stated that the said apartment guard E, supra, around the Seocho-gu Seoul Metropolitan Government D Apartment 303, the Defendant stated that the said apartment guard E “C had found a hospital working for our father F’s wife, and changed her dial, thereby making it impossible for his father and wife to work as a creative damage.”

However, there is no room for the victim to take action, such as not only the hospital where the defendant's father is working as his/her father, but also the victim has done his/her behavior to leave the hospital to the extent that his/her father is unable to work as his/her father.

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

Summary of Evidence

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

1. Statement of each police statement regarding C;

1. G Fact-finding certificates;

1. Application of Acts and subordinate statutes to a criminal investigation report (report attached to a summary order), a written decision not to prosecute (Seoul Eastern District Prosecutors' Office No. 2013 type 46562);

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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