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(영문) 수원지방법원 안양지원 2019.03.12 2019고정8
명예훼손
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant and B are members of the D church in Overcheon City C, and the victim E is the mother of B.

As victims have experienced conflicts between B and religious problems, they have claimed to the above church and claimed their ancillary children.

1. On January 21, 2018, the Defendant of defamation, around January 21, 2018, damaged the reputation of the victim by openly pointing out facts by openly stating to the victim, “Iskn’s head, head, frighting, and frighting, Isn’s head, and frien’s head,” among many and unspecified people, in front of the first floor elevator of the F building with the above church.

2. 2018. 1. 24.경 명예훼손 피고인은 2018. 1. 24. 14:00경 제1항 기재 장소에서, 불특정 다수의 사람들이 있는 가운데 피해자에게 “애를 두드려 팬 걸 안 팼다고 하느냐, 애를 머리채 후려잡고 두드려 패고”라고 큰소리로 말함으로써 공연히 사실을 적시하여 피해자의 명예를 훼손하였다.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (report on examination of evidentiary images);

1. Article 307 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act asserts that the illegality of the Defendant’s act does not violate social rules is dismissed.

"Acts which do not violate social norms" as stipulated in Article 20 of the Criminal Act refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and what acts are legitimate acts which do not violate social rules, and the illegality of which is excluded should be determined individually by examining the specific circumstances with the objective and rational consideration.

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