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(영문) 수원지방법원 성남지원 2016.06.15 2016고단117
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

On December 2, 2014, the Defendant: (a) was living together with the victim F and marriage on the premise that the Defendant was living in the “D' clothes store located in Gwangju City; and (b) the Defendant was living in the phone on the premise that the Defendant was living in the victim F and the marriage; (c) however, there was a woman who had home death.

In other words, I would like to destroy water and avoid disturbance without giving money in return for the attempt and hedging of suicide by showing an excessive reaction and mershing suicide.

The victim's reputation was damaged by openly pointing out false facts by stating that "It does not cause damage to the company."

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Statement made by the police with regard to F;

1. Application of the respective Acts and subordinate statutes of G and H

1. Article 307 (2) of the Criminal Code of the relevant criminal facts [The public performance, which is the constituent element of the crime of defamation, refers to the state in which many and unspecified persons can be recognized, and even if the facts are publicly known to one person, if it is possible to spread it to an unspecified or many unspecified persons, the performance requirement shall be satisfied. If the public performance of the crime of defamation is acknowledged for the possibility of dissemination as a subjective element of the constituent elements of the crime, it is necessary to dolus intent at least to recognize the possibility of dissemination, so there is a perception of the possibility of dissemination, as well as an internal intent to allow the risk. Whether the actor allowed the possibility of dissemination should be determined by considering how to assess the possibility of dissemination if the general public is based on the specific circumstances, such as the form of the act, the situation of the act, etc. that appears outside, and its psychological condition from the offender’s standpoint shall be ratified (see Supreme Court Decision 2004Do340, Apr. 9, 2004).

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