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(영문) 광주지방법원 2019.06.19 2018나3751
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The Plaintiff, Defendant B, as well as KRW 1,500,000,000.

Reasons

1. Basic facts

A. The relevant parties and the Defendants are residents of the E-village located in the Jeonsung-gun G.

Defendant C was the head of E Village from around 2002 to January 2012, and Defendant C was the wife of Defendant C, and the Plaintiff was the president of E Village since around 2012.

B. On September 2, 2016, a summary order against the Defendants (Defendant B’s defamation, Defendant C’s perjury), which became final and conclusive on September 2, 2016, was issued a summary order of each fine of KRW 1 million (Defendant B) and a fine of KRW 3 million (Defendant C’s KRW 2016 Highest 500) due to perjury that the Plaintiff raised perjury in a criminal case against the Plaintiff’s attack (Gwanju District Court Decision 2015 Highest 500), and the said summary order became final and conclusive around that time.

The facts constituting the crime are as follows.

Defendant

B는, 2014. 9. 22.경 E마을 회관에서, 사실은 피해자 A이 F을 구속시키기 위해 F을 고소하거나 F에 대한 재판에서 증인으로 출석한 사실이 없음에도 불구하고, 마을사람들이 듣고 있는 가운데 피해자에게 “회의 나온 사람을 안 나왔다고 가둬놔, 사람을 징역 보내놓고, 아니 증인을 섰잖아, 회의 안 나왔다고 가둬놨잖아, 지금”이라고 말하여 공연히 허위의 사실을 적시하여 피해자의 명예를 훼손하였다.

Defendant

C On July 6, 2015, at the time of attending the Gwangju District Court 2015Kadan500, as a witness of the case, and taking an oath, the Prosecutor testified that “I have the right to ask the Defendant to cancel the appointment of a witness when filing a complaint or accusation due to occupational embezzlement, etc. without any permission, and to leave the G room, I have the right to ask the Defendant to leave the G room before.” The Prosecutor testified that “I have the right to leave the G room from that time,” while the term of office remains in the Prosecutor’s “G, I have the right to refuse the Defendant’s requirements, and the Defendant’s demonstration up to the G room.”

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