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(영문) 대전지방법원 천안지원 2017.09.01 2016고정748
명예훼손
Text

Defendant

B shall be punished by a fine of 500,000 won.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

Defendant B’s criminal history room (Defendant B) around 20:30 on February 4, 2016, in the E Hospital No. 6 and 302, in Jung-gu Seoul, Seoul, the victim F and her husband, despite the absence of sexual intercourse between the victim F and her husband, the facts charged include “J” in addition to H, while the victim H and her guardian, etc. are heard. However, in light of the part on the legal statement of J in the third trial record, it is unclear whether Defendant B was in the place at the time of the trial [the J]’s opinion about sexual relations in the place where the victim was the victim (it appears that this was about February 5, 2016), and there was no direct change from H, and thus, there was no concern that the Defendant could still exercise his right of defense, even if there was no direct change from the facts charged.

The victims’ honor was damaged by publicly pointing out false facts to the purport that “G husband and wife had sexual intercourse within the sick room.”

Summary of Evidence

1. A part of Defendant B’s legal statement (as of the seventh trial date, and as of February 4, 2016, the part on which there was a statement about sexual relations between H and I)

1. Entry of the witness I, H and J in the second public trial records, each legal statement of the witness G and F in the fourth public trial records, each legal statement of the witness G and F in the fourth public trial records, and the statement of witness K in the sixth public trial records;

1. Investigation report (the application of Acts and subordinate statutes to the E Hospital Lane);

1. Article 307 (2) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant B and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. Defendant B is at the sick Office on February 4, 2016.

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