(영문) 대구지방법원 서부지원 2012.08.31 2011고정1223

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(영문) 대구지방법원 서부지원 2012.08.31 2011고정1223

명예훼손

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 09:30 on June 23, 201, the Defendant damaged the honor of the victim by openly pointing out false facts by stating that “The victim D, who is a public official belonging to the above C Office, was a person of distinguished service, and was designated as a person of distinguished service to the State, even though he/she was under the influence of alcohol and was under the influence of alcohol, while E and F, etc., he/she was under the influence of alcohol and was under the influence of alcohol.”

Summary of Evidence

1. Each statement of witness D, E, and F in the second trial records;

1. Statements of witnesses G in the second trial records and some statements of witnesses H in the third trial records;

1. Each police statement made to D, E, and F;

1. Determination of the defendant and his/her defense counsel's assertion of some police interrogation protocol against the defendant

1. The Defendant and the defense counsel claim that the Defendant did not state the same words as the date and place stated in the facts charged.

2. However, the following circumstances can be acknowledged by the evidence duly adopted and investigated by this court, namely, ① the date and time stated in the facts charged, ② the public official E and F, the police officer, and each statement in this court, who are public officials belonging to the above business office, and the victim D, directly asked the victim D to make such statements at the time and place indicated in the facts charged, shall be deemed to have considerable credibility in light of the fact that the victim D's initial statements are consistent, specific, and not only conforms to the victim D's statements in this court, but also it is difficult to find the motive for the victim D to make false statements. ② The victim D made a somewhat different statement from the defendant's initial police office about the place and circumstances at which the victim D's statement was heard by the defendant, but it was reversed after the witness's testimony was made by the EF police.

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