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(영문) 의정부지방법원 고양지원 2017.11.09 2017고정816
명예훼손
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

around 20:10 on May 1, 2016, the Defendant made a phone call to D, the husband of the victim C, who is the husband's workplace, in Gyeyang-gu, Seoyang-gu, Seoul. The Defendant: (a) was aware that the mother’s money was entirely transferred to the her husband E; (b) the mother’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

However, in fact, the victim did not commit suicide because her mother's property was deducted from her mother's property, and there was no fact that her mother had no judgment ability to sell the land by deceiving her father, and there was no fact that her mother disposed of friendly property in mind after her mother's death.

Accordingly, the defendant spreads false facts and damages the reputation of the victim publicly.

Summary of Evidence

1. Legal statement of the witness D;

1. Part concerning D's statement of the police suspect interrogation protocol against the defendant

1. D's factual confirmation [The defendant and defense counsel did not make the defendant make the same statement as the facts charged to D;

The argument is asserted.

However, the witness D made a statement consistent with the facts charged in the police and this court.

D does not seem to have reason or motive to make a statement unfavorable to the defendant, and the appearance and attitude of the statement in this court is very natural.

Therefore, according to the statements of reliable D, the facts charged of this case can be fully acknowledged.

Application of Statutes

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

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

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