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(영문) 수원지방법원 안양지원 2016.10.27 2016고단133
명예훼손
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant: (a) was a person who operates a landscape trees farm and was entrusted with the work of extracting trees by the victim C; and (b) did not commit a theft of the bamboo trees planted in the Defendant’s farm, thereby impairing the honor of the victim by pointing out the following false facts:

1. Around 10:00 on February 28, 2015, the Defendant damaged the reputation of the victim by pointing out false facts with the victim’s words “the victim who steals spath trees and stolen them,” among the victims of F and G, etc. in the E (branch) office located in Jung-gu, Jung-gu, Seoul.”

2. On March 2, 2015, around 14:00 on March 2, 2015, the Defendant damaged the victim’s reputation by pointing out false information, stating that “N trees have been stolen, and the victim’s reputation has been stolen.”

Summary of Evidence

1. Application of the respective statutory statements made by witnesses C, G and F

1. Relevant Article 307 (2) of the Criminal Act concerning facts constituting an offense and Article 307 (2) of the Criminal Act concerning the selection of punishment;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to each of the instant offenses are not sufficient in light of the details, contents, means, and methods, etc.

However, the sentencing conditions, such as the defendant's age, character and conduct, family relationship, home environment, and circumstances after the crime, shall be determined as ordered in consideration of the fact that the defendant has no previous error and has no record of punishment heavier than the fine, and the defendant has no record of punishment.

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