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(영문) 전주지방법원 2015.04.07 2014고정1053
명예훼손등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. On February 2, 2014, the Defendant: (a) 5-6 at the place where 5-6 persons, such as E, residing in the same apartment complex, were living in the Seoul apartment center in the Yandong-gu Seoul apartment center in the Seoul apartment center in the Seoul apartment city, the Defendant, who was walking the membership fees of the senior citizens; (b) on the ground that 20,000 won were not known to the victim, damaged the honor of the victim by openly pointing out false facts by openly entering the house.

B. Around 15:00 on March 10, 2014, the Defendant damaged the victim’s reputation by openly pointing out false facts by making noise to the victim D, on the same ground as the written in the preceding paragraph, at the 7-8 location, such as G residing in the same apartment site, for the same reason as that of the preceding paragraph.

다. 피고인은 2014. 4. 3. 12:00경 전주시 완산구 H에 있는 I식당에서, 위 아파트 경로회원 감사 J 등 27명이 있는 자리에서 피해자 D이 병문안 위로금 2만원을 주지 않았다고 하면서, “도둑년, 저런 것을 누가 총무시켰냐, 도둑년, 개같은년, 개년, 이씹할년, 썅놈의 가시네”등 큰소리로 말하여 공연히 피해자를 모욕하였다. 라.

At around 15:00 on April 23, 2014, the Defendant damaged the reputation of the victim by openly pointing out false facts by openly exposing them at the address of the Defendant, 1401, Dong 1, Dong 1, Dong 1401, YY-gu, YY-gu, YY-si, Seoul, where five people, such as FIE-K, visited the Defendant in order to resist due to the passage of a good answer to the victim D.

2. Of the facts charged in the instant case, defamation is a crime falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. The insult is an offense falling under Article 311 of the Criminal Act and is governed by Article 312(1) of the Criminal Act.

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