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(영문) 의정부지방법원 고양지원 2019.05.16 2019고정116
명예훼손
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 2, 2014, the Defendant was living together with the victim B who was aware of while running a singing room on or around October 2, 2014, and from January 5, 2017, and the victim refused to comply with the Defendant’s demand to return to his/her home on or around November 5, 2017. In order to have the victim return to his/her home, the Defendant was willing to affix a leaflet so that his/her family or person who was not aware of the living together with the Defendant and the victim can be seen.

Therefore, at around 14:00 on November 13, 2018, the Defendant sought a house from an external company to the Defendant and the victim together with his/her house at his/her residence located in Pakistan, through an external company, at around 14:00 on November 13, 2018, the Defendant produced KRW 12,000 on the front page stating the phrase “the name, : 168cc., age: 49 years, age, and west-do,” and attached the front page to the Handong-dong-gu, U.S., Seoyang-gu, Goyang-si, Pari-si, Pari-si, Pari-si, Pari-si, Pari-si, Pari-si.

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. Legal statement of the witness B;

1. Application of the former part of the statute;

1. Relevant Article 307 (1) of the Criminal Act and Article 307 (1) of the Criminal Act, the selection of a fine, inclusive;

1. In order to establish defamation for the reason of conviction under Articles 70(1) and 69(2) of the Criminal Act, a statement of fact must be made in order to establish the crime of defamation for the reason of conviction under Articles 70(1) and 69(2) of the Criminal Act, and the alleged fact should thereby be made to the extent that the social value

(See Supreme Court Decision 98Do2188 delivered on February 25, 2000, etc.). The expression “the head of a house” in the former part of the Defendant posted in this case includes ① the specific meaning of the spouse who has unilaterally broken down the family life of the Defendant, and in our society, it is common to make a negative assessment from a moral perspective.

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