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(영문) 대전지방법원 공주지원 2012.12.07 2011고정154
명예훼손
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

In 209, the Defendant: (a) called the victim C to the head of the Diplomatic Association, who was the head of the Diplomatic Association from the end of that year; and (b) read “C pastor removed money from the Diplomatic Association” to publicly indicate the fact, thereby impairing the honor of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C’s re-professional statement in part of the court statement is inadmissible with the consent of the defendant, and the hearsay statement is inadmissible in accordance with Article 316(2) of the Criminal Procedure Act.

1. Application of Acts and subordinate statutes to the copies of examination records of witnesses related to E;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant and his/her defense counsel's assertion on the provisional payment order against the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act alleged that there was no fact as stated in the facts constituting the crime. However, the above evidence

The defendant and the defense counsel have no possibility of radio waves.

However, according to the above evidence, the defendant stated the facts constituting the crime on one person.

However, it is not unreasonable to recognize the possibility of radio waves in light of the progress of the previous dispute between the defendant and the victim, the relationship between the victim and the victim, the situation after the above speech.

Therefore, we cannot accept all the above arguments of the defendant and defense counsel.

The acquittal portion

1. The summary of the facts charged, around October 2009, the Defendant injured the victim’s reputation by publicly expressing the fact that “C pastors did not lend KRW 5 million to the head of the Fricheon-si,” including G, to the believerss of several churches, including G, in which the victim C had been engaged in the activities of the Fricheon-si.”

2. The assertion and judgment

A. The Defendant asserts that there was no such remarks.

(b) C’s principal statement in this Court and in an investigative agency is to hear from H pastors by telephone.

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