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(영문) 서울중앙지방법원 2018.05.17 2018고정235
명예훼손
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 7, 2017, the Defendant: (a) around 10:20 on the street of the first floor of D church located in Gangnam-gu Seoul Metropolitan Government, and (b) on the fact that the husband of the victim E (the age of 47) has not committed a sexual assault against another person, despite the fact that the husband of the victim E (the age of 47) has not committed a sexual assault against the other person, the Defendant, on the job where the number of 15 members of the church is 15 members of the church, shall be her husband, and the Defendant shall be her husband,

“The victim’s reputation was damaged by openly pointing out false facts through sound noise two to three times.”

Summary of Evidence

1. The defendant's partial statement; 1. The police statement in Korea;

1. The video CD (the defendant's defense counsel asserts that the defendant's act is a insult, not a notice of fact, and therefore, according to each evidence duly adopted by this court and examined by evidence, the defendant's "Yeong sexual assault is a hobby of her husband, and sexual assault is a hobby of her husband, and therefore her husband's entertainment is inevitable.

It is recognized that the Defendant had a specific statement of fact, “sexual assault,” rather than merely expressing an abstract judgment or a sacrific sentiment that could undermine the people’s social evaluation, according to the above facts of recognition.

Therefore, the above argument is without merit.

Application of Statutes

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

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

1. The defendant and his defense counsel's assertion as to the argument of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is an act that does not go against social norms.

In order to recognize such a legitimate act as a legitimate act that does not violate the social norms, it should be judged individually by examining and reasonably under specific circumstances whether the act is justified, and the motive or purpose of the act is legitimate, and the second means of the act is the means of the act.

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