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(영문) 창원지방법원 통영지원 2017.06.23 2017고정96
명예훼손
Text

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

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

Reasons

Punishment of the crime

1. The Defendant made a telephone call with C around the end of 2015, and the Defendant told the Defendant that “A, despite the fact that the victim D had a release on bail at the Defendant’s home, he did not go to the said C, thereby cutting off the bail at this home, and stolen it.”

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

2. In around the end of 2015, the Defendant told the Defendant that “Around the end of 2015, the Defendant: (a) while talking about F in the vicinity of E at the end of 2015, the Victim D did not have to release the Defendant from bail at the Defendant’s home; (b) but (c) he stolen the bail to D’s release at this home.”

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

3. On April 16, 2016, the Defendant made a telephone conversation with G around April 16, 2016, and the Defendant stated to the effect that, although the victim D had no fact that he was released from bail at the Defendant’s home, the Defendant read to the effect that the victim C “I cut off and stolen the bail while going to go home at this home.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports, investigation reports (person G telephone conversations for a witness), and emergency reports (F telephone conversations for a witness);

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of punishment (opportune selection);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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