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(영문) 대구지방법원 2015.06.04 2014고정2844
명예훼손
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around May 2013, the Defendant damaged the reputation of the victim by openly pointing out false facts, stating that “The Defendant did not bring money to the victim on the spot where 5-6 people, such as H, although the Victim G did not take back the Defendant’s wall or stolen money.”

2. The Defendant, around August 11, 2014, specified the date and time of the above criminal facts in the indictment at around 18:00, but according to the evidence duly adopted and investigated by this court, the date and time of the above statement is recognized as around August 11, 2014.

Before I in the above E market, the victim’s reputation was damaged by openly pointing out false facts in the presence of 20 people, such as J, stating that “The victim has returned money on the wall of this year, 700,000 won,” and “I have also contributed to the victim’s reputation.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, G and J;

1. Investigation Report (Attachment of Documents sent separately by the defendant and his defense counsel) [Attachment of Copy] : Although the defendant and his defense counsel asserted that there was no fact that they made a statement as stated in the facts constituting a crime in the judgment of the defendant, each testimony of H, G, and J, which corresponds to the facts constituting a crime, is reliable in light of the circumstances, contents, consistency, etc. of the statement, and the facts acknowledged in the case where the defendant accused accused the victim as a crime of insult, also conforms to the facts

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

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