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(영문) 부산지방법원 동부지원 2019.11.21 2019고단648
명예훼손
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 13, 2017, the Defendant was sentenced to imprisonment with prison labor for 4 months and 8 months for fraud, etc. in the Daejeon District Court's Incheon District Court's Branch on October 13, 2017. On October 19, 2018, the Defendant completed the execution of the sentence in the Chungcheong detention house.

1. On March 28, 2019, the Defendant of defamation around 12:00, around March 28, 2019, damaged the reputation of the victim by openly pointing out false facts by using a scamet stating that “I will leave our body to the descendants of sexual criminals. I will see our body. I will see our body. I will see our body. I will see the scam of the scam in a clean manner. I will see the scam of the scam and scam.” In addition, I will see the scamet stating that “I will recognize the past mistake and clean scam.” by openly conducting one-person demonstration.

2. 2019. 3. 29.경 명예훼손 피고인은 2019. 3. 29. 14:00경 제1항 기재 장소에서, 사실은 피해자가 성범죄를 저지른 전력이 없음에도 불구하고 피해자를 지칭하여 “D성형외과 원장은 강간범. 우리의 신체를 맡기지 맙시다. 불안증세와 불면증으로 약을 복용하는 사람. 미세 성형외과, 수부성형이 왠말이냐!!”라고 적혀있는 피켓을 들고 1인 시위를 하여 공연히 허위사실을 적시하여 피해자의 명예를 훼손하였다.

Summary of Evidence

1. C’s legal statement;

1. Each complaint;

1. Photographs citing respective diskettes;

1. Each inquiry report;

1. The Defendant’s assertion on the Defendant’s investigation report (within the period of repeated crimes A) did not indicate false facts, and alleged that there was no intention to defame. However, according to the evidence duly adopted and investigated by this court, the Defendant’s assertion is not acceptable.

Application of Statutes

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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