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Reasons
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(영문) 의정부지방법원 2014.10.16 2014고정797
명예훼손
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On October 2013, Defendant A damaged the victim’s reputation by openly pointing out false facts by the following purport: (a) Defendant A’s “E” restaurant operated by B, which is located in the Da apartment (D apartment), both of the Seocho-si, Gyeonggi-do, without having any fact in an internal connection with the victim F. However, Defendant A had no fact in a relationship with the victim F.

2. Defendant B, around 13:20 on October 6, 2013, damaged the reputation of the victim by openly pointing out the facts to the effect that Defendant B was “G open” operated by the victim F in the next apartment of the Seoul Metropolitan Government Yangju-si, and that the facts were not related with the victim and A, notwithstanding the absence of the fact that the victim and A had an internal relationship, Defendant B was the victim at the seat of the customer H, and that “D apartment 101 East (A) was the internal relationship for nine (9) years.”

Summary of Evidence

1. Defendant A’s legal statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of the police statement concerning F;

1. Application of H’s written Acts and subordinate statutes;

1. Defendant A of pertinent legal provisions pertaining to criminal facts: Article 307(2) of the Criminal Act (Selection of Fine): Article 307(1) of the Criminal Act (Selection of Fine);

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. At around 13:20 on October 6, 2013, Defendant B injured the victim’s reputation by openly pointing out false facts with the following: (a) Defendant B, despite the fact that there was no internal relationship between the victim and the Plaintiff; (b) Defendant B had a sound to the effect that “D apartment 101 Eastern Representative (A) and nine (9) years have been in a public relation with the victim’s reputation, by openly pointing out false facts.”

2. Determination

A. In the crime of defamation caused by the publicly alleging false facts, the nature of whether an actor has recognized that the facts were false.

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