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(영문) 광주지방법원 2019.01.11 2018고정414
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 May 23, 2017, the Defendant, at around 11:00, damaged the reputation of the victim by openly pointing out false facts, on the following grounds: (a) the victim D corporation operating C did not have any omission of taxes; (b) the Defendant, at the second floor conference room, had public officials E, F, and C in the Do office of Jeonnam-do; (c) and (d) the first floor with C employees G, H, and nameless members; and (b) the Defendant, at the first floor, damaged the victim’s reputation by openly pointing out false facts.

Summary of Evidence

1. Application of the law on witness H, J, F, and G’s statutory statement;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The summary of the facts charged reveals that, around 11:00 on May 23, 2017, the Defendant damaged the victim’s reputation by openly pointing out false facts by publicly pointing out the fact that the victim D Co., Ltd. operating C has not received the cart costs illegally. However, in the second floor conference room, the Defendant damaged the victim’s reputation by publicly pointing out false facts.

2. In order for the crime of defamation to be established, a statement of fact must be made, and the alleged facts should be made to the extent that it might infringe on a particular person’s social value or evaluation.

At this time, a statement of fact is a concept substituted by an expression of opinion, the content of which is a value judgment or evaluation, and refers to a report or statement on the past or current facts in a specific time and space, and the contents of which can be proved by evidence.

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