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(영문) 수원지방법원 2019.10.17 2019고정644
명예훼손
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is the director of the Gyeonggi-do branch management division.

Around 19:00 on September 28, 2018, at the restaurant called "E" in front of D in Suwon-si C, Suwon-si, the Defendant’s husband, and the Defendant met with G, a member of the bereaved family council, such as F, with the Defendant’s husband, and “A, the victim H is the head of the bereaved family council branch of Gyeonggi-do, and I is the head of the secretariat, and J is the head of the management division. Therefore, the victim was paid KRW 30 million from the head of the Chungcheong-do branch, and was paid KRW 25 million on the condition that the J is an exaggeration. The victim was paid KRW 30 million on the day of the bereaved family council.”

However, the victim did not receive money from the head of the Chungcheong branch or J as above.

Nevertheless, the Defendant undermined the honor of the victim by pointing out false facts as above.

Summary of Evidence

1. Legal statement of witness G;

1. The police statement of H (the defendant did not make a statement to G as stated in his/her reasoning and even if he/she made the above statement, there is no performance. However, according to the evidence duly adopted and examined by this court, the defendant's statement to the above purport is acknowledged, and the defendant's assertion alone is likely to reject the credibility of G's statement, and G is likely to deliver it to the bereaved family members of the bereaved family council, such as the victim, etc., and the performance nature is also recognized, as long as it was actually delivered to him/her).

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

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