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(영문) 광주지방법원 순천지원 2015.09.11 2015고정380
명예훼손
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On the end of December 2014, the Defendant damaged the honor of the said victim by openly pointing out false facts by the following purport: (a) the Defendant did not have agreed with the victim E’s wife at the office D office located in the Gu, Kim Jong-nam-gun, Kim Jong-sung, the end of December 2014, even though there was no agreement between the victim E and the other South Korea; (b) the Defendant stated that the wife of the victim E was named as the victim on the job with 3-4 persons in a false name, such as F and others

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

1. Article 307 (2) of the Criminal Act applicable to the crime;

1. The portion not guilty under Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse;

1. On December 15:00 in order of December 2014, the Defendant injured the victim E by openly pointing out false facts by openly pointing out false facts to the court that sells gas, etc. to customers, etc. in the trade name, “I,” which was located at the office of the Hcar Center located in the Hcar Center located in the Haenam-gun G G, Y, and the wife (K) away from the other south L, with a location tracking device on the other side at the Haenam-dong Police Station.”

2. The judgment prosecutor seems to have prosecuted the Defendant on the ground that it is possible for the Defendant to spread the above words to the Jina person, and thus, the Defendant seems to have publicly impaired the honor of the victim.

Article 307(2) of the Criminal Act provides, “A person who defames a person by openly pointing out a false fact shall be punished by imprisonment for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won,” and even if a statement of fact is publicly known, an act performed in a state without public performance is not punishable.

In relation to the interpretation of performance, judicial precedents are interpreted as a situation in which many and unspecified persons can recognize it.

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