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(영문) 서울동부지방법원 2018.11.26 2018고단796
명예훼손
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B shall be sentenced to four months of imprisonment, and one year from the date when the judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

A is a person who has a self-defensive sense against the victim C, and the defendant B is a driver of A.

1. Joint crimes committed by the Defendants

A. The Defendants around the spring in 2013, in the name of the Gangnam-gu Seoul (Seoul), Defendant A, E, F, etc., “C was sexually related and was living together.”

Defendant B said, “,” and Defendant B said, “A’s horses are the same.”

However, there is no fact that the victim has sexual intercourse with A or had a living together.

As a result, the Defendants conspired in collusion to damage the reputation of the victim by openly pointing out false facts.

B. The Defendants were in the H car page located in Songpa-gu Seoul Metropolitan Government around spring in 2013, Defendant A had a lot of sexual intercourse with Defendant E, and had a living together.

Defendant B said, “,” and Defendant B said, “A’s horses are the same.”

However, there is no fact that the victim has sexual intercourse with A or had a living together.

As a result, the Defendants conspired in collusion to damage the reputation of the victim by openly pointing out false facts.

2. The sole criminal conduct of Defendant A;

A. A. The Defendant, around the summer of 2013, sent to I a sexual intercourse with C, for one month at the J hotel.

“.....”

However, there is no fact that the victim has a sex relationship with A, or that he/she has brought together with J hotel.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

B. The facts charged by the Defendant on September 18, 2016 are written in writing that does not interfere with the guarantee of the Defendant’s right to defense, and thus, it shall be written without any changes in the indictment.

At the office of the defendant of the 1st floor underground of the Gangnam-gu Seoul Metropolitan building in Gangnam-gu, "I still love C and live in the hotel in the future.

“.....”

However, the fact is that the injured person is in the hotel together with the defendant.

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