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(영문) 대구지방법원 2017.06.09 2016고정1892
명예훼손
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 6, 2015, at the Defendant’s office located in Daegu Northern-gu C and 203 on February 6, 2015, the Defendant sent a text message to D on the Internet site “Cheongdae-gu Sakao Sato” and known to D, by telephone, “E F was shocked;

F It is required that a person who makes him be on the No.S. level was Epic;

G was 6 members of the NIS and was 100 members of the NIS, since the New F was the left sale of the Republic of Korea, and the person who had the Republic of Korea and the Republic of Kuwait had the Nogles to get the Nogles.

As the staff members of the NIS were in mind of the NIS, the F had been employed by the NIS, and it was difficult for this person to have contributed to the Nogles, and therefore, it is hot to have been produced to the Ambassador.

F) The term “F objection” was read as “.”

Accordingly, the Defendant, by openly pointing out the above facts, damaged the reputation of the victim G, who is the husband of E, thereby impairing the summary of evidence.

1. Partial statement of the defendant;

1. Each police statement made with respect to E, G, and D;

1. Each record (No. 3 and 8 No. 1 of the evidence list);

1. Application of Acts and subordinate statutes confirming G production;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. It is true that the defendant, at the time, made a statement to D as described in the facts charged in the instant case by telephone.

However, at the time D and E (the victim's wife) were in a position to file a complaint with the defendant as a crime of insult, etc., and there was no possibility that the above speech could be disseminated to a third party in light of the previous relationship of friendship, etc.

In addition, the defendant made the above remarks in the process of booming D's speech that he is similar to E at the time, so there was no awareness about the intention or dissemination of defamation.

2. Determination

A. Performance, which is a constituent element of the crime of defamation of relevant legal principles, can be recognized by unspecified or multiple persons.

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