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(영문) 수원지방법원 2018.05.18 2017고정1465
명예훼손
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works as an insurance designer from Matts Fire Co., Ltd.

On February 11, 2015, the Defendant: (a) on the ground that at the office of the second floor D branch in Suwon-si, Suwon-si, the victim E’s company club staff at the victim E company at a large amount of 10 persons; (b) the victim prevented the Defendant’s telephone, “The F team leader who is the E and F team leader in order to make the same mobility.”

“The honor of the victim was damaged by openly pointing out false facts.”

Summary of Evidence

1. The legal statement of the witness G (the defendant's act, the situation before and after the crime is committed shall not conflict with any other evidence, such as concrete and E's statement;

Unlike the circumstances where the false statement of G does not appear to exist, and credibility is recognized in light of the attitude of the statement in this Court

1. The statement made by the witness E in the second public trial protocol [E is consistent and concrete from the investigative agency to the court below that “the defendant found in the office around February 11, 2015 and made the same statement as the facts charged,” and the statement made by the witness E is consistent and concrete.

At the time of the case

G’s statement, the contents of text messages sent and received between the Defendant and E before and after the instant case, and other evidence, such as the Defendant’s criminal records on February 11, 2015, are not inconsistent with that of other evidence (the Defendant has been on February 11, 2015, with the customer H’s sick documents around 5:00 p.m., and thus, was not located in the said office.

However, H states that in this Court, “the Defendant has been sickly in the region from February 14, 2015 to May 5, 2015 and went back to a division of approximately 30 minutes.”

According to the above statements, even if the defendant was on February 11, 2015, it is not possible to find out the victim's office at around 5 p.m. on the same day even if he/she had been on the sicks of H on the same day, and therefore, it seems impossible to reject the credibility of E's statement. Thus, the credibility of E's statement does not seem to exist since it does not seem that the falsity of E's statement would be changed.

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