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(영문) 청주지방법원 2016.08.26 2016고정474
명예훼손등
Text

1. The defendant shall be punished by a fine not exceeding two million won;

2. Where the defendant fails to pay the above fine, one hundred thousand won.

Reasons

Punishment of the crime

The Defendant became aware of “F” from March 2014 to July 2015, the victim G who was the same student while attending the “F” in Jincheon-gun, Jincheon-gun. H and I are the students of the above education.

1. 피고인은 2014. 3. 경부터 같은 해 4. 경 사이에 충북 진천군 진천읍에 있는 상호 불상의 식당에서, 사실은 피고인이 피해자와 천년초 묘 종을 매수하기로 한 계약을 체결하였다가 이를 번복한 사실이 없음에도 불구하고, H에게 “G 이 나한테 천년초 묘 종을 사기로 했다가 안 샀다, 사기꾼이다.

“The victim’s reputation was damaged by openly pointing out false facts, and at the same time insulting the victim.”

2. From May 2014 to June 2014, the Defendant found at the I’s house located in the JJ of J of J of J of J of J of J of J of J of J of J of J of J of the same year, and the facts were not true that the Defendant concluded a contract with the victim to purchase the seedlings for the first time, and reversed it. However, the Defendant did not comply with I’s promise to make it clear that “G Nana Nana Bao was calculated orally,” but G did not commit the Nana Nana Ba, which caused fraud, by openly pointing out false facts, thereby impairing the victim’s reputation by openly pointing out false facts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by each prosecution with respect to G and H;

1. Each statement of K and H;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from witnesses I);

1. Article 307 (2) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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