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(영문) 서울남부지방법원 2016.07.21 2015고단5395
명예훼손등
Text

Defendant

A shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A and B are siblings.

Victim F(F) and G(55) are parents of H who had a matrimonial engagement with Defendant A, while married couple, they are parents of H who had a matrimonial engagement with Defendant A.

Defendant

A around April 19, 2015, around 21:00, at the victim's house of Yangcheon-gu Seoul Metropolitan Government I 1504, the victim F told the defendant A and B that "I would like to be bad."

As a result, Defendant A added up four times to the right side in need of approximately four weeks of treatment.

Summary of Evidence

1. Each legal statement of the witness F, G, J and H;

1. A protocol concerning the examination of suspect by the prosecution against the defendant A (including the G statement);

1. Statement made to the prosecutor by the J;

1. Each police statement made to F, G, and J;

1. Application of Acts and subordinate statutes to notify the head of a complaint (Attachment of a medical certificate), a detailed statement of reporting 112, and a confirmation of reporting 112;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) under Article 334(1) of the Criminal Procedure Act is as follows: (a) the reputation of H is impaired; (b) the victim’s home was found to have inflicted an injury by exercising violence; and (c) the nature of the crime is not good.

There is no record that the defendant has been punished several times due to the past violence crime, and there is no way to deny the crime of injury and to repent the wrong.

However, the victims do not want to be punished for the defendants after the victims agreed in the relevant domestic case.

In addition, the punishment as ordered shall be determined by taking into consideration all the sentencing conditions shown in pleadings, such as the circumstance in which the injured person filed a complaint against the defendant, the degree of injury to the victim, relationship with the victim, motive for the crime, means of crime and the result of the crime, and circumstances after the

Rejection of Public Prosecution

1. The summary of the facts charged is as follows: Defendant A and Defendant B are punished.

Victim F(AF, 46 years old) and Victim G(55 years old) are married couple, and they are the defendant A and the matrimonial engagement.

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