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(영문) 의정부지방법원 2016.05.12 2015고정1568
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 July 2014, the Defendant used electricity within the E without permission from the community residents, F, G, etc., as the victim E was engaged in electricity and hot water in the Dpenta located in Pyeongtaek-gun of Gyeonggi-si.

Doar Electric Power shall be engaged in Doar Electric Power.

It is the Doar Youth.

Although the phrase "I present this time," the victim did not use the electricity or hot water of the defendant without permission.

Accordingly, the Defendant, by pointing out false facts, damaged the honor of the victim.

Summary of Evidence

1. The legal statement of the witness H in part;

1. Each statement of the witness E, G and F in the third public trial records;

1. Application of Acts and subordinate statutes of the I;

1. Relevant Article 307 of the Criminal Act concerning criminal facts, Article 307 (2) of the Criminal Act concerning the selection of punishment, and selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant does not have the same words as the facts charged.

2. The circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, the victim became aware of the fact that the victim was using the Defendant’s electricity without permission, from the NAN residents.

G/F made a statement to the effect that the injured person uses electricity without permission, as stated in the facts of the crime consistently stated up to this Court, G/F used electricity without permission.

In full view of the fact that the defendant made a statement, and the defendant is doubtful that the damaged person uses electricity, etc. without permission, and that he was forced to spread it to H, etc., it is sufficiently recognized that the defendant has damaged the victim's reputation by pointing out false facts as stated in the facts of the crime in the judgment, and thus, the above assertion by the defendant and the defense counsel

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