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(영문) 인천지방법원 2015.06.11 2014고정4139
명예훼손
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On May 2014, the Defendant: (a) around the place where approximately 4,5 persons, such as C and D, who are patients of the foregoing hospital, were located in the Incheon Red Cross Hospital Hospital located in Yeonsu-gu, Incheon; (b) around the end of May, 201, the Defendant stated that the above C, etc., “At the lower-year rate of two years; (c) borrowed KRW 3 million, but did not complete payment; (d) did not file a complaint with the police station; and (e) was guilty of fraud.”

However, the defendant did not have lived with the victim E for two years, and there was no 3 million won loan to the victim.

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

2. On June 2014, the Defendant damaged the victim’s reputation by publicly pointing out the fact publicly by stating that “The victim E was residing in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and that “The Defendant lent KRW 1 million to E, but did not complete payment, caused the fraudulent change.”

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses E in the second protocol of the trial;

1. Statement made by C of a witness in the fourth trial record;

1. Statement made by witnesses D in the fifth trial records;

1. The police statement concerning G;

1. Written confirmation of admission and discharge;

1. Application of Acts and subordinate statutes to a report on investigation (temporary correction of crime);

1. Relevant Article 307(2) of the Criminal Act and Article 307(2) of the Criminal Act (the point of defamation caused by false or fraudulent facts), Article 307(1) of the Criminal Act (the point of defamation caused by false facts), and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. It is so decided as per Disposition on the grounds of Article 186(1) of the Criminal Procedure Act or more of the cost of lawsuit;

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