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(영문) 울산지방법원 2015.04.23 2014고정1204
명예훼손
Text

Defendants shall be punished by a fine of KRW 500,000.

If the Defendants did not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A and B are those who had legal marital relations at the time of the instant crime, those who operate E cafeterias, and those who are community residents such as victim F.

1. At around 20:30 on July 26, 2013, Defendant A, in the situation where there are village residents, such as the husband, H, etc. of the victim, and many unspecified restaurants located in Ulsan-gun G, Ulsan-gun, U.S., Defendant A: (a) stated, “I would like to say, in the situation where he was the victim’s husband, etc., and a large number of unspecified restaurant customers, that I would like to say, “BC a thickness.” From the back habits, I would like to see that I would like to see. I would like to see it. I would like to see. I would like to see it on the part of the unspecified customers (victim) who were eating at a restaurant, and I would like to see B and B. There would be no mold.”

2. At around July 26, 2013, Defendant B, at the same place as above, expressed to the victim that “J sees L (L) attached to the lower court, and H Hasday Hasday.” Defendant B damaged the victim’s reputation by openly pointing out false facts at a place where many unspecified people are located.

Summary of Evidence

1. Defendants’ respective legal statements (the purport that the Defendants made such statements in the context of criminal facts)

1. Legal statement of witness F;

1. The police statement of M;

1. Application of the Acts and subordinate statutes concerning non-prosecution decisions;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendants and the defense counsel asserted on the assertion of the Defendants and the defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the crime of defamation by the statement of false facts is not established, since “the injured party has a sexual intercourse with Defendant B” and “the injured party has a sexual intercourse with N” as stated in the facts of crime.

(b).

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