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(영문) 대전지방법원 홍성지원 2016.02.17 2015고정229
명예훼손
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On June 2014, the Defendant called the Victim D by phoneing to Police Officers C in the middle of June 2014.

“The honor of the victim was damaged by publicly alleging the fact.”

2. The Defendant, on July 2014, refers to “G” drinking house operated by the F in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Y, refers to F with the victim D, and “the middle year has experienced.”

“The honor of the victim was damaged by publicly alleging the fact.”

Summary of Evidence

[Judgment No. 1]

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. The police statement protocol against C (the defendant only saw the statement as described in Paragraph 1 of the judgment in response to the question about the progress of the trial with D, so there was no intention of defamation, and there was no performance since he made the above statement to C only by telephone.

The argument is asserted.

However, upon being examined by the police, C, in addition to the words as described in paragraph 1 of the decision by the defendant, examines the confirmation at the hospital in Daejeon, i.e., in addition to the words described in the decision by the defendant.

Doz. Doz. Doz. Doz.

was hospitalized.

The phrase “A” was written by the Defendant, and “The Defendant was only D stories with the Defendant’s phone called to the Defendant, while serving only the victim.”

“The statement was made” and the court stated to the effect that there was a good mind as to whether the lawsuit or other talks were made.

In full view of C’s above statement and the fact that the Defendant made a statement to F with the same purport as stated in paragraph 2 of the judgment, it cannot be deemed that the Defendant merely made a reply to the physical question about the progress of the trial. Even if the Defendant made a statement to C by telephone, the possibility of dissemination may be acknowledged in view of the attitude that the Defendant shown to B while talking about the victim and the relationship between C and C, and the Defendant may be recognized as having had an intention to defame the victim.)

[Judgment No. 2]

1. A witness D.

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