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(영문) 대전지방법원 천안지원 2018.01.18 2017고정763
명예훼손
Text

The sentence of imprisonment shall be suspended against the defendant.

Reasons

Punishment of the crime

After the defendant's husband C and the victim D came to know that they were in an internal relationship, the defendant thought that they had an awareness of the fact to the same higher school building of the victim.

1. On January 4, 2017, the Defendant of defamation around January 4, 2017: (a) called the Defendant’s home located in Northern-gu E and 101 Dong 1106, the Defendant called the Defendant’s home to F, a high school ward of the victim’s high school; and (b) called the Defendant “D and her husband C was in in in in in a bad relationship with her husband C; (c) D took place a back of home with C; and (d) D went back with C.

“The honor of the victim was damaged by publicly alleging the fact.”

2. On March 10, 2017, the Defendant’s defamation around March 10, 2017: (a) at the home of the above Defendant around March 10, 2017; and (b) to G, a high school of the victim, the husband and D, “The husband and D are in in an inhuman relationship with the victim for a period of one and half

The message “,” sent the text message, thereby impairing the victim’s reputation by openly pointing out facts.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Protocols of partial statements (D);

1. The details of letters sent by the victim to the complainant F of the high school, and the letters sent by the suspect to the complainant G of the high school;

1. Application of Acts and subordinate statutes to each investigation report (referring to witness F and G telephone conversations);

1. Article 307 of the Criminal Act applicable to the relevant criminal facts, Article 307 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Fine of 500,000 won which is suspended for a sentence; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence [The defendant has a marital relationship with her husband with the victim.]

After discovering the proviso to suspect, in the process of confirming it, the husband committed defamation such as criminal facts in the course of making her husband return to the marital life with her husband by continuing internal relations.

The defendant is also in a situation in which the marital life with the husband has been broken down due to the marital relationship with the husband, and it is economically difficult to rear his or her own children, and the defendant is also faced with serious depression.

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