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(영문) 대전지방법원 2015.08.27 2015고단1920
명예훼손
Text

Defendant

B and Defendant C shall be punished by a fine of 300,000 won.

Defendant

B and Defendant C did not pay the above fine.

Reasons

Punishment of the crime

Defendant

B is a person who works as an employment designer in Sejong City, and Defendant C and A are students who have taken the “ex post facto guidance course” in the aforesaid license, and the victim is an instructor who has taken lectures in the aforesaid license with the name of the instructor.

1. On July 23, 2014, Defendant B damaged the victim’s reputation by openly pointing out false facts on the following grounds: (a) Defendant B and his wife did not have been subject to criminal punishment for fraud: (b) although the victim G and his wife were not subject to criminal punishment for the crime of fraud: (c) Defendant C, stating that “the Plaintiff’s husband and wife felled from Gyeonggi-do to a day related to fraud.”

2. On August 2014, Defendant C damaged the victim’s reputation by openly pointing out false facts on the part of the victim G and wife H, although the victim G and his wife H were not subject to criminal punishment for fraud, Defendant C, at the J coffee shop located in Sejong-si I, who was not aware of the time around August 2014.

Summary of Evidence

1. Each legal statement of Defendant B and Defendant C

1. The police statement concerning G;

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

1. Relevant provisions of the Criminal Act and subparagraph 2C of the option of the punishment: Article 307 (2) of the Criminal Act (Selection of Fine);

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On September 2014, Defendant A damaged the victim’s reputation by openly pointing out false facts, stating that “The G instructor’s husband and wife gets involved in fraud at the seat of Gyeonggi Special Self-Governing City,” although the victim G and wife H were not subject to criminal punishment for fraud, Defendant A, at the Taekwondo class located in Sejong Special Self-Governing City Special Self-Governing City.”

2. Determination.

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