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(영문) 서울중앙지방법원 2015.05.12 2014고정2951
명예훼손
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 2013, the Defendant filed a divorce lawsuit against the victim E (the her husband of the Defendant) who is the husband of the Defendant, and in order to occupy favorable status in the above lawsuit, the Defendant had been able to spread a malicious voice against the victim as if the victim had not committed rape in F (the death of the victim due to suicide on April 6, 2010) who is the father of the Defendant, or committed suicide in spite of the fact that the victim committed suicide.

Accordingly, on December 2, 2013, the Defendant damaged the reputation of the victim by openly pointing out false facts, such as sending a recording recording containing the same purport to the J, a merchant of the same market, by mail, on the H market located in Seongbuk-gu Seoul, Seoul, and I operating the store in the above market.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses E and I in the third protocol of trial;

1. Application of the witness J or K’s statement legislation;

1. Relevant Article 307 (2) 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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