logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2013.05.27 2012고정575
명예훼손
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 08:00 on June 4, 2012, the Defendant stated that “D has raped E” as if D had sexual intercourse with E, even though there was no fact that the victim D had sexual intercourse with E.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. Around 15:00 on June 8, 2012, the Defendant stated that “D had raped E” as if D had sexual intercourse with E even though there was no fact that the victim D had sexual intercourse with E.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of each legal statement of witness F, H, and I (Provided, That the part of I's testimony that F and H respectively were included in the testimony of F and H constitutes a professional statement and excluded) law

1. Relevant legal provisions concerning criminal facts: Article 307 (2) of the Criminal Act that selects respective fines;

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include: (a) the Defendant was accused of rape from D; (b) the Defendant committed each of the crimes in this case; and (c) the Defendant was issued a non-guilty disposition on the case of rape; (b) the Defendant, directly or indirectly, made a sexual intercourse with D from E; and (c) even if not confirmed that D was true, the Defendant was unaware of the perception that it was false at the time of each of the crimes in this case; and (d) the Defendant was sentenced to reduction of the amount of fine exceeding the summary order.

arrow