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(영문) 대전지방법원 2014.06.11 2013고단1013
명예훼손
Text

Defendant

A A shall be punished by a fine of 3,000,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. At around 11:10 on July 6, 2012, Defendant A injured the victim’s reputation by openly pointing out false facts to the victim’s “I work in South and North Korea, her husband was inside and outside of the world, and her husband was a monthly salary and her husband was winded.”

2. At around 11:30 on July 6, 2012, Defendant B: (a) expressed that the victim G(s) and Y in the parking lot of the Chungcheongnamnam University Museum of Chungcheongnam-si located in the Gongju-si, Chungcheongnam-si, would be in influorial relationship; and (b) Defendant B expressed the victim’s bath that “the victim would destroy this year and home. .............. Doing without permission, I would see the victim’s head and shoulder on three occasions; and (c) caused the victim’s injury to the escape of a memorial signboard that requires approximately six weeks of medical treatment.”

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. The statements of witnesses G and I in the second trial records;

1. Statement made by the witness J in the third protocol of trial;

1. The statements of witnesses H and K in the fourth trial records;

1. Legal statement of the witness L;

1. A complaint filed by G;

1. Application of Acts and subordinate statutes to the injury diagnosis statement and opinion statement;

1. Defendant A of the pertinent Article of the Criminal Act relating to the facts constituting a crime: Article 307(2) of the Criminal Act (Selection of Fine): Article 257(1) of the Criminal Act;

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

1. As to the assertion of the Defendants and the defense counsel under Article 62(1) of the Criminal Act, Defendant A did not speak at the public viewing F and office of the public viewing. Even if such remarks were made, it was alleged that the facts were publicly known. The fact that the husband and the G were in incompetence relationship was widely known around, and thus, there was no honor to be damaged by the said horses.

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