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(영문) 대전지방법원 2017.06.23 2016고정712
명예훼손
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim C are "D" members.

On November 26, 2015, the Defendant said that “F cafeteria located in Seo-gu, Daejeon, Daejeon, that 17 members of the mountain conference were fluently fluent in the middle-gu, Seo-gu, Daejeon, that the Defendant 17 members of the mountain conference were fluent in a paper A4 form containing pictures of sexual intercourses between the victim and the president of the mountain conference, wherein he had taken the image of sexual intercourses,” and that he was fluently fluent in this photograph C.

Accordingly, the defendant has damaged the reputation of the complainant by openly pointing out facts.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The recording of each of the statements made by witnesses C, H and G in the second public trial records;

1. Recording of each part of the statements made by witnesses I, J, K and L in the third public trial protocol;

1. Recording of each part of the witness M in the fourth public trial protocol;

1. Application of the law on partial statement by N of the witness;

1. Relevant legal provisions concerning criminal facts and Article 307 (1) of the Criminal Act concerning the choice of punishment;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserted that, at the time of the instant case, the bags containing A4 paper (Evidence Nos. 15, hereinafter “this case’s sex-related photograph”) containing the pictures of G containing the sex-related image at the time of the instant case, there was no fact that the Defendant has undermined the honor of the victim by stating that “the victim was slick in view of this photograph,” as indicated in the instant facts charged, refers to “The victim was slick.”

2. The following facts are acknowledged in light of the facts acknowledged.

A. The Defendant, the victim, and the G are all D members.

B. The other female of the sex-related photograph of the instant case is the victim.

(c)

At the time when the defendant was an executive officer who was managing a register of addresses of members of the mountain conference, the above-related photographs were delivered to some members of the mountain conference by mail.

(d)

On November 26, 2015, 19:00 F cafeterias, about 17 members of the mountain conference are gathered.

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