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(영문) 서울서부지방법원 2015.09.10 2015고정355
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant, around November 10, 2012, damaged the honor of the victim E by openly pointing out false facts by stating that “E had taken place in an Ansan prison,” and “E had no record of committing any crime,” around November 10, 2012.

2. Around December 2012, the Defendant damaged the honor of the victim E by openly pointing out false facts by stating that “E has taken place in an Ansan prison” in the mother’s place in relation to the election of the chairperson of Mapo-gu Seoul Mapo-gu 16 Seocho-gu, Seoul, stating that “E has taken place in an Ansan prison.”

3. Around March 2013, the Defendant damaged the honor of the victim E by openly pointing out false facts, namely, “E is a person who went to an Ansan prison.”

Summary of Evidence

1. Legal testimony of witness I;

1. The statements made by the witness E and F in the third trial records [the defendant and his defense counsel did not have any fact on the date and time stated in paragraph (1) of the crime, the date and time stated in paragraph (2), and at the place stated in paragraph (3) did not have any fact about I. However, according to evidence such as witness I and F consistently stated in paragraph (3), it can be acknowledged that the defendant made a statement that impairs E's reputation as criminal facts, and each statement made by the witness J and K do not interfere with the above recognition] of the law applicable.

1. Article 307 (2) of the Criminal Act and Article 307 (2) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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