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(영문) 수원지방법원 2018.11.29 2018고정574
명예훼손
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On January 15, 2016, the Defendant committed the crime of January 15, 2016, went to the house of the victim C of the apartment building in Suwon-si, Suwon-si, Suwon-si, with D, E, etc. on January 15, 2016, and immediately after coming to the above house, the Defendant refers to D and E the victim’s chests.

I am this part of my opinion.

Trinp A

"The honor of the victim was damaged by publicly alleging facts."

2. The Defendant committed early February 2016, 2016, referred to the Victim C at an outdoor stage in the Young-gu F apartment complex in Young-gu, Suwon-si, Suwon-si, Seoul, in early February 2016, and damaged the reputation of the victim by publicly pointing out the fact that the chest A(c) was “in 75.”

3. 2017. 6. 7. 경 범행 피고인은 2017. 6. 7. 21:30 경 수원시 영통 구 동수 원로 286번 길 33-3 소재 혜성공원에서 G, D, E, H 등에게 피해자 C을 지칭하며 "C 가슴 작은 애 트리플 A 걔 속옷 색도 흰색이던데 "라고 공연히 사실을 적시하여 피해자의 명예를 훼손하였다.

Summary of Evidence

1. The witness C, D, G, and I’s respective legal statements (in particular, witness D, G, and I, from investigative agencies to this court, are specifically and consistently made, and each other’s statements are mutually mutually consistent.

Also, the witnesses do not memory for those parts which are not memory.

The friendly relationship between the defendant and C was different from each other, and the friendly relationship between the defendant and C was not visible to make a statement in line with each other.

Therefore, the witness's statements are reliable.

1. Application of Acts and subordinate statutes to sound of H telephone statements;

1. Relevant provisions of the Criminal Act and Article 307 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the minor victim suffers great shock and pain due to the Defendant’s crime.

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