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(영문) 서울북부지방법원 2018.09.13 2018고정323 (1)
명예훼손
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around November 7, 2016, the Defendant: (a) heard the phrase “D” written by the Defendant located in Seongbuk-gu Seoul Metropolitan Government “D”; (b) heard the victim E, the customer, who was aware of the words “poning to the customer without permission; and (c) made a verbal dispute with the victim; (d) reported that the victim’s husband F, who was outside the drinking house, entered the drinking house; and (e) reported that the victim’s husband F, who was outside the drinking house, was heard by the customers, including the F.

The phrase “,” and the phrase “as it may be responsible for the speech,” even though F is asked whether or not it is responsible for the speech.

However, there was no fact that the victim had sexual intercourse or sexual intercourse with G.

After all, the Defendant damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Each legal statement of witness F and E;

1. A criminal investigation report (to attach a file to be submitted by a defendant);

1. Application of Acts and subordinate statutes reporting investigation results;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act for the Provisional Payment Order [The defendant and his defense counsel asserted that performance is denied because there is no possibility of dissemination, but at the same time they were in the above drinking house;

H is a person who has no relationship with the victim, H was in the same drinking room as the victim's, even if the defendant and H had a relationship of friendship with the defendant.

Even if the defendant's above statement is likely to be disseminated, there are many interests or friendships to the extent that the possibility of dissemination will be denied.

In light of the fact that it is difficult to recognize the possibility of radio waves, the above assertion shall not be accepted.

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