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(영문) 광주지방법원 2018.01.25 2017고단4457
명예훼손
Text

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

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

Reasons

Punishment of the crime

The defendant's spouse C did not have a sexual relationship with the victim E and F, a member of the "D" gathering in which the defendant participates.

1. In July 2016, the Defendant of defamation: (a) around July 2016, at the Defendant’s workplace located in Gwangju-gu, Seo-gu, Gwangju-gu, the Defendant “D” member at the H Authorized Brokerage Office of the Defendant’s workplace, “E and F, sexual intercourse with their wife and sexual intercourse.”

The wife in the Republic of Korea frequently followed E, F in the E and E in the drinking house with her natives and in the drinking house, and it has become bad.

“The honor of the victim E and F was damaged by openly pointing out false facts.”

2. The Defendant of defamation around September 2016, at the place indicated in paragraph 1, around September 2016, she slick with the J, “E and F, as a member of the D”, “E and F, with their wife and several times.”

Therefore, it is no longer possible to participate in D.

“The honor of the victim E and F was damaged by openly pointing out false facts.”

3. The Defendant’s defamation on January 5, 2017 is the same as “D” members using a portable phone at a place not exceeding Gwangju (hereinafter referred to as “Seoul”) on January 5, 2017.

One member is cyber crime, brokerage of commercial sex acts, and quasi-rape 5 members are not occupation women by quasi-rape, but commit crimes against the father and wife of the family.

Some years have passed but there is a complaint subject to prosecution, so it is possible to punish only the one who makes a statement.

By sending the text message “,” the honor of the victim E and F was damaged by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning partial examination of suspect with regard to C;

1. Each police statement made to E, F, K, I, L, and J;

1. Each investigation report (to hear suspect I's statements);

1. Application of text messages statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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