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(영문) 청주지방법원 제천지원 2015.11.05 2015고단365
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 April 2012, the Defendant damaged the honor of the victim by openly pointing out false facts by stating that “A and the husband have been winded, although there was no fact that the victim C had been her husband with D and wind, the husband of the Defendant,” and that “A had been her husband and C have been seated with her husband when her husband and C had come to her husband at permanent residence when her husband and C had come to her husband.”

Summary of Evidence

1. The witness C and E’s testimony (the witness E has consistently testified with respect to the fact that the defendant directly testified as stated in the facts constituting the crime of this case at the time of the crime of this case). The above testimony is specific and factual, and the witness F also stated that he had given the statement that “the victim has a wind with the husband of the defendant, and the defendant has a winded with the husband of the defendant” at the time of the crime of this case, and corresponding thereto. Even according to the defendant’s own assertion, it is highly likely that the victim had made the same speech as described in the facts constituting the crime because the victim was doubtful as the husband of the defendant at the time of the crime of this case. In light of the witness’s attitude of testimony, etc., it is highly likely that the victim would have made the same speech as the facts constituting the crime of this case. The application of the Act

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant did not have any attitude against the truth-finding until now even though he inflicted mental pain on the victim due to the crime of this case. There are circumstances unfavorable to the defendant, and there are some reasons for considering the circumstance in which the defendant committed the crime of this case, and the fact that the defendant was the first offender without any previous conviction is favorable to the defendant.

In this case, including the above circumstances.

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