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(영문) 수원지방법원 2013.09.11 2013고정1611
명예훼손
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was a professor of D University E graduate School and the victim F, and the Defendant and the victim came to take the school system from August 201 to March 2, 2012.

At around 22:30 on September 6, 2012, the Defendant thought that only the victim was able to use, she was fluorized with the victim. On the other hand, the Defendant demanded H, a 301 security guard, to ask for the connection of her personal phone to 301 Dong 205, the victim’s house, and was dismissed from school due to the fact of marriage. The Defendant said that “A person living in this house was sexually indecent acts and was dismissed from school on the other hand because of the fact of marriage.”

However, the victim did not have committed a sexual indecent act against the defendant, and the victim did not have been dismissed from the school.

As above, the Defendant undermined the honor of the victim by openly pointing out false facts to H.

Summary of Evidence

1. Each legal statement of the witness H and F;

1. Application of each police protocol to H and F

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of penalties;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is only that the Defendant merely stated H that “F is not a professor at present,” and that no statement was made in the facts constituting the crime in the judgment, and the victim F’s reputation cannot be deemed to have been damaged due to such a statement, and the Defendant did not have any intention to defame.

2. Determination H states to the effect that the police and the statement stated in the facts constituting the crime in this Court was made from the Defendant, and H appears to have a big reason to make a false statement on behalf of the victim, and the content of the statement is specific and its credibility.

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