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(영문) 광주지방법원 2015.12.23 2015고정1463
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

On April 24, 2015, the Defendant, around 12:00, damaged the reputation of the victim by openly pointing out false facts by openly pointing out the fact that the victim D(76 years of age) was living together with E, who was living together with the victim, such as F, etc., who is an apartment resident, in the place where the residents, such as F, etc., are heard by the victim, even though the victim was living together.

Summary of Evidence

1. Legal statement of witness F;

1. The police statement concerning F;

1. According to the above evidence, the defendant's statement of accusation [the defendant can be acknowledged as having made the same remarks as criminal facts, and dolusent intent of defamation can also be acknowledged in light of the contents thereof (the victim testified in North America as criminal facts in this court that there is no suspicion of criminal facts, but the statement of accusation corresponds to the criminal facts different from the testimony, so the above testimony seems to be an error of the victim.

In addition, the crime of defamation is not included in the crime of assault, since assault and defamation are different from that of the crime, and legal interests protected by law are different. Lastly, according to witness D and E’s respective legal statements, the fact that the horses emitted from the crime are false can be acknowledged.) The application of the law is not included in the crime of

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

1. Optional fine;

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

1. On April 24, 2015, around 12:00, the primary charges against the Defendant damaged the reputation of the victim by openly pointing out false facts by openly pointing out the fact that the fact in the mountain district located in the Masan-dong of the Mine Police Station located in the Gwangju Mine-gu, Gwangju Metropolitan City was living together with the victim D (76 years of age) despite the fact that the victim was living together with the E, who was living together with the victim, the apartment resident of F, such as the victim, at the same place where the F, who was the apartment resident of the victim, was heard with the victim.

2. Determination.

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