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(영문) 수원지방법원 안산지원 2019.05.02 2018고단2832
명예훼손
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 2016, 2016, the Defendant defamationd the victim’s reputation by openly pointing out false facts, stating that “D is the water of E and F, and when the inside of the Republic of Korea goes to an I hotel, E is the panty wind and D is the shower.”

2. On January 2017, the Defendant damaged the victim’s reputation by openly pointing out false facts, such as “D is water,” in the case where the K representative L of the K in charge of the dispute resolution and the above G are heard by the victim, although the victim did not have a sexual intercourse with E and F, the Defendant damaged the victim’s reputation by openly pointing out false facts in the office of the K in charge of the dispute resolution in Ansan-si, Seoul-si, a member of the Dispute resolution council and the above G, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness G, H, L, and D’s statement at each court (the defendant and his defense counsel asserted that there is no time to make a statement as described in the facts constituting an offense, but the witness G, H, and L consistently stated in the investigative agency and this court that the defendant made a statement like the facts constituting an offense, and the witness M’s statement at this court consistent with the defendant’s assertion is not sufficient to dismiss the witness’s statement because there is no circumstance that the defendant made a statement as described in the facts constituting an offense, and the victim or the above witness does not take into account circumstances that could make a false statement, the above argument is recognized, and thus the above argument is not accepted). In full view of the above, the above witness’s statement at this court does not constitute an offense, and the above argument is not accepted

1. Relevant Article 307 (2) of the Criminal Act concerning the facts constituting an offense and Article 307 (2) of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant under Article 62 (1) of the Criminal Act of the suspended execution;

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