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(영문) 대구지방법원 김천지원 2015.01.14 2014고정449
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is currently hospitalized in the Seogu Tae-gu Taedong Hospital due to the depression.

On February 19, 2014, the Defendant called the “D Company” team leader at the Sinsi-dong University located in Sinsi-si, Sinsi-si, Sinsi-si to the effect that “E, the President of the Sinsi-si, would have sexual harassment, conduct a drinking-free and drinking-free sexual traffic, see the male F.I.m., and the remaining staff failure and the reasons for the rest of the president are different. When the Defendant entered into the Sinsi-si, he was able to do so. As such, the Defendant followed the D Company to the mainme of the Sinsi-si-si, Sinsi-si, Sinsi-si, and the vice president of the Sinsi-si, and the members were unable to have followed the D Company, and it was good that the D Company might have become the president of the Sinsi-si, and was damaged by publicly pointing out the fact that he was the victim’s reputation by publicly pointing out the fact that he was the victim’s reputation.”

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (for telephone communications by the head of the C team);

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant and his defense counsel asserted that even though the defendant made the above remarks to the above C, there is no possibility of dissemination, and that illegality is excluded by Article 310 of the Criminal Act.

2. Determination

A. The public performance, which is the constituent element of the crime of defamation, refers to the state in which many, unspecified or unspecified persons can be recognized, and even if a statement of fact was made to one person, if there is a possibility of spreading it to many, unspecified or unspecified persons, the requirements of the public performance are satisfied, and the public performance of

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