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(영문) 제주지방법원 2018.06.27 2017고정489
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant was residing in B and managed in C in Jeju.

as the officer of the above C, who has served as the officer of the

D From the process of conflict with victims E, etc., on May 3, 2016, when there was no risk of larceny by using a mobile phone at a place of not more than Jeju on May 3, 2016, while the victim of GH group gathering held in F, etc., he/she did not commit the larceny. However, E is a human being who commits larceny as a thiee and accomplice and commits various illegal acts.

(Post) A notice stating that “afterwards,” thereby undermining the reputation of the victim by openly pointing out false facts, and by posting the above contents at the mobile phone hold around May 10, 2016 at a place not exceeding Jeju, thereby impairing the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each defamation H;

1. Application of statutes specializing in content;

1. Relevant provisions of the Criminal Act, Article 307(2) of the Criminal Act, the choice of fines for criminal facts, and the choice of fines (the amount of fines shall be determined in consideration of circumstances, etc. that the revocation of complaint in a case where the defendant filed a complaint against the victim);

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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