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(영문) 대구지방법원 2014.04.09 2013고정1728
명예훼손
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the director of the “former Motor Vehicle D Agency” in Daegu Dong-gu, and the victim E and the victim F are those who worked for the said agency as business employees.

1. Defamation against victims E;

A. On October 9, 2012, the Defendant stated that “E has leaked customer information on the pretext of explaining the reasons why the agency closed, among 5 and 6 employees G, etc., at the above agency office,” “E has embezzled and misappropriated public funds.”

B. On November 1, 2012, the Defendant stated to the above purport that he had employees at the above agency’s office.

C. On November 14, 2012, the Defendant stated to the same purport as above, among the employees at the above agency office.

On December 7, 2012, the Defendant stated to the same purport that there were employees at the above agency office.

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

2. Defamation against victim F;

A. On April 6, 2011, the Defendant damaged the honor of the victim by openly pointing out facts, by stating that “F would be useful for public funds, spawned property, and divorced due to gambling,” among three persons, including employees G and E, at the above agency office.”

B. On June 201, the Defendant injured the victim’s reputation by openly pointing out facts in the manner as set forth in paragraph 2(a) at the lower police officer’s office.

Summary of Evidence

1. Legal statement of the witness H;

1. The defendant's partial statement in the first protocol of trial;

1. The statements of witnesses E and I in the second protocol of the trial;

1. The statements made by witnesses J and G in the third protocol of trial;

1. Statement made by K witness in the fourth protocol of the trial;

1. The entry of witnesses and M in the fifth trial records;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement related to E, F, and G;

1. Each fact-finding certificate of L, G, E, I, K, and J;

1. E and F, respectively.

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