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(영문) 청주지방법원 제천지원 2013.03.21 2012고정161
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around August 11, 2012, the Defendant, at the bottom of the new sloping bridge in Ycheon-si, the Defendant: (a) even though there was no fact that the victim C had committed an act, such as getting male away from cash, the Defendant damaged the reputation of the victim by openly pointing out false facts, stating that “C is a head of the D funeral hall where the victim works as an employee, and “C is a snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick.”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing witness C and E's statements in the second protocol of trial;

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

1. In full view of all the sentencing conditions indicated in the pleadings of the instant case, including the following: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the details of the facts alleged by the Defendant; (c) the background leading up to defamation; and (d) the victim’s punishment.

The acquittal portion

1. On August 2012, 2012, the Defendant injured the victim’s reputation by openly pointing out false facts by stating that “F is complicated male relations,” even though the victim’s male relation is not complicated, the Defendant injured the victim’s reputation by stating that “C is not a complicated male relation.”

2. In order to establish the crime of defamation, it is necessary to publicly indicate specific facts sufficient to undermine people’s social evaluation.

According to the witness G’s statement in the second protocol of trial, G asked G to “whether C is complicated male relations or not,” and answer to “not.”

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