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(영문) 수원지방법원 2016.11.30 2016고정1187
명예훼손
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 2015, the Defendant, at the end of Pyeongtaek-si 9, damaged the victim F’s reputation by publicly alleging false facts to the effect that “F is a restaurant owner” to “D cafeteria in the 9th floor of Pyeongtaek-si building,” and that “F is a company which has caused many damages to the G cafeteria’s operation. F is a construction without any right to construction and is not a fraud.”

Summary of Evidence

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

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting a crime and Article 70 of the same Act;

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

1. The defendant and defense counsel asserted that the defendant and defense counsel did not make any statement to the same effect as the facts charged, as stated in Article 334(1) of the Criminal Procedure Act.

In full view of all the circumstances, including the evidence mentioned above (which cannot be rejected without permission by the witness who testified after the oath in this court, and there is no circumstance that the witness testified in F as argued by the defendant, and the relation between the defendant and the victim at the time of the instant case, and E and E in which the defendant had come to the construction site to confirm the construction site performed by F at the time, and the defendant had come to the construction site to confirm the construction site of F at the time. In full view of all the circumstances, the defendant had no objective ground to acknowledge the victim's "non-existence of the right to construction" or "Fraud fact" (the same shall apply at the time of the closing of argument in this case), the defendant evaluated the surrounding situation from the subjective perspective of the defendant, and evaluated the surrounding situation to E, "the victim has no right to construct, and is friendly with fraud," so it can be sufficiently recognized that the defendant has damaged the victim's reputation due to false facts, such as the facts charged.

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