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(영문) 울산지방법원 2016.10.14 2016고정953
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant and B are residents of Ulsan-gun Group C apartment, and the victim D(n, 60 years of age) are residents of the same apartment as those of the same apartment.

1. On March 2015, the Defendant: (a) had no fact that the victim had established an apartment-related relationship with the apartment-resident; (b) had damaged the victim’s reputation by openly pointing out false facts by publicly stating that “The Defendant, a apartment-related resident, fell together with the Fransh that D was shot around; (c) was skeing the vehicle to have a relationship within the tea; (d) was shot.”

2. In the ordinary world where the Defendant was in the apartment complex above the apartment complex around the summer of 2015, the Defendant damaged the victim’s reputation by openly pointing out false facts by publicly pointing out false facts, in spite of the absence of the fact that the victim had a spact relationship with the apartment resident, G, E, etc., who is an apartment resident, “I shall not sleep without being able to do so at least 2-3 times during the month in which D and F are spacted.”

3. On November 2015, the Defendant, at the house of the above Defendant, destroyed the reputation of the victim by openly pointing out false facts, by stating that “D has a sense of view, which is a resident of an apartment, and is stuck to another male ditch,” to G, a resident of an apartment, although there was no fact that the victim had established an inhumanial relationship with the resident of the apartment. D also goes together with F, which is living in the same apartment.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement about D, E, and G;

1. Application of each statute of fact-finding confirmation;

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning criminal facts, the choice of each fine (including the first offender and the reflective points, etc.);

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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