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(영문) 서울서부지방법원 2015.08.21 2015고정523
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

1. On July 23, 2014, the Defendant, at around 11:00, damaged the reputation of the victim by openly pointing out false facts by pointing out the victim’s false information to D by phone, although the victim C does not have any relationship with D with D with his/her employees.

2. On September 24, 2014, the Defendant, at the Fhigh school dietitian office located in Eunpyeong-gu Seoul Metropolitan Government on September 18, 2014, damaged the victim’s reputation by openly pointing out false facts by stating that “C is D and it is so,” even though the victim C does not have internal relations with D and E, it is not a victim C.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of the Act and subordinate statutes to the witness C, D, and G’s respective legal statements [the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, C, D, and G, are relatively consistent with the circumstances and circumstances at the time of defamation as indicated in the judgment from the investigative agency to the present court, and the Defendant stated the details of the statement at the time, and the Defendant stated the contents of the recording document to the effect that the Defendant during dialogue between the Defendant and G was at a problem in the conduct of C and D, it is recognized that the Defendant defamed C by openly pointing false facts as indicated in its reasoning]

1. Article 307 (2) of the Criminal Act and Article 307 (2) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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