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Reasons
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(영문) 서울중앙지방법원 2017.10.17 2016고정1740
명예훼손
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 30, 2014, the Defendant listened by the Seocho-gu Seoul Metropolitan Government D apartment 302 Dong 504 Dong and F on December 30, 2014, and the Defendant “G pastor moved to a hotel with the wind of HP by moving to his/her father, and the wind is known.

“.....”

However, the facts showed that the victim H and the husband of the defendant were not in a badial relationship.

Accordingly, the defendant has damaged the reputation of the victim H by openly pointing out false facts.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Entry of part of the witness H in the fourth public trial record;

1. Legal statement of witness E;

1. Partial statement of the witness F;

1. Statement made by the police with H;

1. A certificate of each fact of I and E;

1. Application of Acts and subordinate statutes to one of the Seoul Family Court rulings, such as a chairperson of the accusation, a group Kakao room course photograph and a photograph;

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

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. The summary of the facts charged is that the Defendant, around January 2015, listens to the second floor “K” office in Gangnam-gu Seoul Metropolitan Government J building, and 4-5 staff such as F, etc., the Defendant is divorced.

“.....”

However, the facts showed that the victim H and the husband of the defendant were not in a badial relationship.

Accordingly, the defendant has damaged the reputation of the victim H by openly pointing out false facts.

2. Determination: (a) around January 2015, the Defendant made a statement to the effect that the said statement was made from the Defendant at the K Office in the presence of L, M, N, andO, and (b) around January 2015, the Defendant stated to the effect that the said statement was made; (c) however, the investigative agency did not have any of the above contents from the Defendant “3-4 around March 2015,” which is the date of the previous charge of the change, at the time of the change.

the statement.

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