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(영문) 울산지방법원 2015.07.10 2014고정1389
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

The Defendant, around October 2013, at the office of the third floor D organization of the building located in Yangsan-si, the victim E and the victim F did not have a sexual relationship with the victim E and the victim E, and even though the victim E did not have an attitude to the Dosle in the singing practice room, the Defendant, who heard 4-5 members, etc., such as the head of the secretariat of the above organization, G, members H, etc., “E and F, are sexual intercourses with the victim, such as getting off from the second floor of the I place of work, and E shall be subject to disciplinary action because they were born to the Dosle in the singing practice room.” The Defendant, on the sole basis of the fact that “E and F, have a sexual intercourse with the victim by openly pointing out false facts in the singing practice room, and damaged the reputation of the victims by openly pointing out false facts at the same place on November 2013.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness H;

1. Protocol of examination of the witness to J;

1. Application of each police protocol of statement to E and G;

1. Article 307 (2) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant was aware of the fact by the J that the victims had observed an act of incompetence, and the Defendant committed the same act as the stated in the facts charged in the instant case in the process of demanding disciplinary action against the victims to the officers of the K Association, which is for the public interest, and thus, the illegality is excluded pursuant to Article 310 of the Criminal Act.

However, according to the evidence duly adopted and examined, it is difficult to view that there is a considerable reason to believe the fact alleged by the defendant as the truth, and the defendant's assertion based on this premise is rejected.

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