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(영문) 서울남부지방법원 2016.06.30 2016고정1223
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

1. On July 28, 2015, around 15:45, the Defendant: (a) called “F office (G) in the vicinity of Yeongdeungpo-gu Seoul Metropolitan Government, in which the victim E uses his/her DNA mobile phone to use his/her DNA mobile phone; and (b) had a criminal record of fraud, despite whether the victim E had a criminal record of fraud; (c) the Defendant had a criminal record of fraud when making inquiries about the victim’s criminal record of E.

“The honor of the victim was damaged by openly pointing out false facts.”

2. On July 28, 2015, at the place indicated in the preceding paragraph around 15:50 on July 28, 2015, the Defendant: (a) calls from the F Office staff I’s J mobile phone using his DNA phone; and (b) despite whether the victim E has a criminal history, the Defendant is obliged to receive a list of criminal offenders.

“The reputation of the victimized person was damaged by openly pointing out false facts.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement;

1. Application of telephone details and response data verifying communications;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 concerning the order of provisional payment;

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