(영문) 서울동부지방법원 2015.09.04 2015고정806

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(영문) 서울동부지방법원 2015.09.04 2015고정806

명예훼손

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 1, 2014, at around 12:00, the Defendant damaged the reputation of the victim by “an indecent act against children,” aiming at the victim D, with ten residents who are unable to know their names on the front of the beneficiary church located in Gangdong-gu Seoul Metropolitan Government, and two police officers who are not aware of the name on the road of the beneficiary church located in Gangdong-gu, Seoul.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigation report (Attachment of records on the original case (No. 2014 type No. 9580 for the same site));

1. Application of Acts and subordinate statutes to evidential materials submitted by the complainant (dynamic image CDs, etc.);

1. Relevant provisions of the Criminal Act and Article 307 (1) of the Criminal Act concerning the choice of punishment;

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

1. The defense counsel's assertion regarding the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act asserts that, in light of the fact that there were only the family members of the defendant, other than the police officers, in a distance that can hear the statement of this case among the two police officers dispatched by the defendant after receiving the defendant's report, the defense counsel's assertion that the public performance of the defendant's defense counsel is not recognized because there are no situations

However, according to the results of the video CD reproduction, it is recognized that the defendant made the same speech in this case by a large voice in the state of his/her residents, other than his/her father and mother, and since the above residents are sufficiently able to hear the horses and speak the fact that the victim is sexually indecent, it is judged that the horses of the defendant are likely to spread to many, unspecified or many people.

Therefore, the above argument is without merit.

참조조문

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