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(영문) 창원지방법원 마산지원 2012.05.17 2011고정76
명예훼손
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around 13:00 on December 28, 2010, the Defendant damaged the reputation of the complainant by openly pointing out false facts as follows: “E is an excessive use of weekends and is mostly used for contact with E’s executive officers and employees, regardless of the fact that the victim E used weekends unfairly.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of each police statement statute to E and F;

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine of 700,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (including the circumstances leading to the crime of this case, the circumstances after the crime, and all other circumstances such as the age, happiness, environment, criminal records, etc.)

1. The defendant and his defense counsel asserted that ① unlike the facts charged, the statement that the defendant made to F was "the victim used more than once for business in the second place, and the victim seems to have actually promised to do so even in the case of the third week weekends used by the victim as his partner." This is not true, but is not defamation, ② merely a mere confirmation answer to F's questions, and cannot be viewed as a statement of facts referred to in defamation. ③ In light of F and the victim's relationship, there was no possibility of spreading. ④ Even if the statement made by the defendant to F was about F, it is true, and thus, it is related to the public interest, and thus, illegal.

2. Determination

A. (1) Determination of the argument is based on the evidence, including (3) and (4).

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