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(영문) 서울중앙지방법원 2015.09.10 2014고정4320
명예훼손
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 26, 2013, at the D office operated by the Defendant, located in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Metropolitan Government) around December 26, 2013, the Defendant stated that “The Defendant is living together with the F and E, who had the wife,” in order to verify a civil petition on the issue of automatic withdrawal of insurance proceeds from the said corporate account by an insurance contract between the victim E and the above D director F.

Accordingly, the defendant has damaged the honor of victims by openly pointing out facts.

Summary of Evidence

1. Each legal statement of witness F, E, and H;

1. Application of Acts and subordinate statutes to the police statement to F and E;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. From November 2013 to January 201, 2014, the summary of the facts charged stated in this part of the facts charged, the Defendant said that, at the D office located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) called, “A total of six times of telephone call to Samsung Fire Customer Center; (b) the victim E, who is Samsung Fire Employees, and the victim F, who is the above D director, made an objection against the issue of automatic withdrawal of insurance money from the said corporation’s account; and (c) “E and F, who had served as Samsung FireRC, are living together.”

Accordingly, the defendant has damaged the honor of victims by openly pointing out facts.

2. In light of the following facts and circumstances acknowledged by the evidence of this case, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the Defendant had made a statement as stated in the facts charged, and there is no other evidence to acknowledge it.

(1) Employees of Samsung Fire Customer Center who received the Defendant’s phone.

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