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(영문) 서울중앙지방법원 2018.11.07 2018고정1802
명예훼손
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Defamation by a statement of fact;

A. In June 2017, the Defendant: (a) G and H, a neighboring resident, was in an infinite relationship with the husband of G and H in the Han River.

“The honor of the victim I(66) was damaged by publicly alleging the fact.”

B. In July 2017, the Defendant: (a) around the 2017 Franchis, the Defendant: (b) “I, even if I saw the CCTV, has come to the husband’s house within the husband’s franchis; and (c) the husband in the Republic of Korea will remain a good year.

“The honor of the victim was damaged by publicly alleging the fact.”

2. In June 2017, the Defendant based on a false statement of false facts, even though there was no fact that the injured party was using money by taking the Defendant’s husband’s passbook with the J, the husband of the Defendant, the Defendant used the said G’s passbook with the J using that “I used the Defendant’s passbook with this J to use the money.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, G and H;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to I, H, J, and G;

1. A written confirmation of the witness of G, a written confirmation of G, a written statement of J, a written statement of H and a written statement of G;

1. Application of Acts and subordinate statutes to the head of a complaint, report on investigation (to telephone statement from a witness G), and report on investigation (Details of prosecutor command);

1. Article 307(2) of the Criminal Act in relation to the relevant criminal facts (the point of defamation by the statement of false facts), Article 307(1) of the Criminal Act (the point of defamation by the statement of each fact), and the selection of each fine for the 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. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant does not have the same words as written in the facts charged.

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