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(영문) 인천지방법원 2016.11.25 2016고정1441
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the "E" in the Nam-gu Incheon Metropolitan City D, and the victimO is a person who serves as the head of the reservation department in the above E, and the defendant has a management dispute.

Around November 2, 2015, the victim used violence to P and N as an E employee and Si expense, and found N after having been a criminal case, and made intimidation to the effect that “I would be difficult to avoid each other if I would not reach an agreement.” The victim knew that N knew of such intimidation to A.

At around 15:00 on January 25, 2016, the Defendant stated that, without the representative’s permission, the victim voluntarily moved his/her own Do of CCTV inside the reservation room, the Defendant concluded that, as seen earlier, the Defendant “O made intimidation to P and N’s employees by using a written agreement.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements made by witnessesO, Q, R and S to the Acts and subordinate statutes applicable;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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