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(영문) 수원지방법원 성남지원 2016.11.04 2016고정655
명예훼손
Text

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

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

Reasons

Punishment of the crime

On August 1, 2015, the Defendant, at the 15th floor office of the D Hospital in Gangdong-gu Seoul Metropolitan Government, damaged the reputation of the victims by openly pointing out false facts. The Defendant, on August 1, 2015, read “G”, “G is a drinking woman,” “H has a positive marriage,” “G and H have a positive marriage,” and “G and H have a positive marriage.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of the Acts and subordinate statutes concerning accusation, recording, recording CDs;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts to the effect that he/she made a statement to the same effect as the above facts constituting the crime, or that E/F had an intention to impair the honor of the victims by inducing the said speech, and that he/she did not have an intention to impair the honor of the victims, and that there was no possibility of dissemination.

In light of the following circumstances, the above E and F, at the time of the instant conversation, did not know the victims well and did not present their opinions. Accordingly, the above E and F did not have any reason to induce the Defendant to make the above remarks, even after examining the contents of the conversation at the time, it seems that E and F did not lead the Defendant to make the Defendant’s remarks. Rather, the Defendant appears to have not had good appraisal of the victims due to disputes, such as filing a civil lawsuit with victims. In addition, in light of the content and level of the Defendant’s remarks, the background leading the victim to such remarks, the relationship between the victims, the E and F, and the F, the intent of defamation is committed against the Defendant.

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