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(영문) 대구지방법원 2021.01.28 2020고정1754
명예훼손
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 2, 2020, the Defendant of defamation made a phone call to B on September 2, 2020, the Defendant damaged the victim’s reputation by openly pointing out false facts by publicly pointing out the following facts: (a) in the Daegu-gu Dtel used by the victim C as the office, the Defendant did not have any strings, such as a strings, in spite of the absence of the fact that he had a strings, such as a strings, in the Daegu-gu Dtel used by the victim C.

2. The Defendant of defamation on September 3, 2020 listens to the horses “I am playing on the C-BE D Officetel” from around 16:15 to around 3, 2020 to the phone, and the facts are: (a) regardless of the fact that the injured party had a gambling board, such as a stop, on the said D Officetel, the injured party refers to the victim to the above E, and “I am saw any control system is attached to the D Officetel.”

“The honor of the victim was damaged by openly pointing out false facts.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the complaint, police statement protocol, recording record protocol to C;

1. Relevant Article 307(2) of the Criminal Act and Article 307(2) of the Criminal Act (the point of defamation in a false manner) and the selection of a fine for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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