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Reasons
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(영문) 대구지방법원 2014.05.09 2013고정2850
명예훼손
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was an employee of the Ecosmetic operated by the victim in Daegu-gun C.

At around 10:00 on September 18, 201, the Defendant: (a) discovered in the cosmetic room as of September 10, 201, and then damaged the victim’s reputation by openly pointing out facts by openly pointing out the fact out the victim’s reputation at the hearing of the male beauty room, one guest, one person accompanying with the Defendant, and one person accompanying with the Defendant.

Summary of Evidence

1. Legal statement of witness D, F and G;

1. A protocol concerning the examination of suspect of the accused (not more than 59 pages of investigation records);

1. A protocol concerning the examination of the suspect against the defendant (including the part concerning the suspect's statement No. 86 pages, No. 46 pages, and DF statements);

1. Statement of D police statement;

1. G and F statements;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 307 (1) 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. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s summary of the assertion does not have any statement identical to the entries in the facts charged.

2. According to the evidence in the judgment below, it is recognized that the defendant made the statement as shown in the facts charged, and the witness H's legal statement and evidence No. 1 (ex officio) alone are insufficient to reverse the above recognition, and there is no other evidence to acknowledge it. Thus, the above assertion shall not be accepted.

The acquittal portion

1. On September 18, 201, the summary of the facts charged by the Defendant is the victim’s honor by openly pointing out false facts by openly pointing out false facts to the victim, even though the Defendant was found in the above cosmetic room around 10:00 on September 18, 201 and the victim D were not in a resistant relationship with F.

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