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(영문) 수원지방법원 성남지원 2020.04.24 2019고정905
명예훼손등
Text

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

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

Reasons

Punishment of the crime

1. On January 2, 2019, the Defendant insultingd the victim C (Einam and 78 years of age) with the largest 30 senior citizens, who were her mother, to hold a monthly funeral meeting in the Hanam-si Senior Complex, and publicly insulting the victim as if the victim embezzled the public funds. The Defendant publicly insulting the victim as if the victim embezzled the public funds.

2. The Defendant, on January 12, 2019, damaged the reputation of the victim by openly pointing out false facts by openly pointing out false facts, inasmuch as he/she was aware of the fact that the victim embezzled public funds, the Defendant, despite the absence of the fact that the victim embezzled public funds, such as senior citizens D, etc., the victim of the crime is referred to as “at least five persons, including the senior citizens D, who have embezzled public funds, have audited the audit of the person who embezzled public funds, and the auditor.”

Summary of Evidence

1. Partial statement of the defendant;

1. The application of statutes to the witness C, E, D, and F’s list of the participants present at each monthly session of their respective legal statements, and the minutes of the monthly session;

1. Relevant Article 311 of the Criminal Act, Article 307 (2) of the Criminal Act, and the selection of each fine for the crime;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Determination as to whether the victim is specific

A. The Defendant did not insult or defame the victim C by specifying the victim C.

B. In order to establish the crime of defamation 1, since it is not necessarily necessary to explicitly state a false fact with a person’s name, the act of publicly alleging false facts without a person’s name is also examined as to whether it is categorized as a specific person by comprehensively assessing the contents of the expression as the surrounding circumstances.

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