(영문) 서울동부지방법원 2019.08.20 2019고정60

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(영문) 서울동부지방법원 2019.08.20 2019고정60

명예훼손

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Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On August 11, 2015, the Defendant damaged the reputation of the victim by openly pointing out the fact that “In-house punishment was deducted from money, changed from fraud, bad years, bad years, banks, and flowerss,” by making phone calls to C, D, and E, the seat of the victim B, who is the seat of the victim B.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and E;

1. Partial statement of the witness B;

1. In part of the protocol of police statements concerning the complainant and the defendant B; and

1. Application of the respective laws and regulations of C, D, and E;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 [the following] provides that defamation by a false statement of false facts shall be acquitted; however, according to the evidence duly admitted and investigated by the court below, the defendant’s reputation by openly pointing out facts as stated in the above criminal facts shall be sufficiently recognized. Meanwhile, in a case where the court deems that there is no concern over causing substantial disadvantages to the defendant’s exercise of the defendant’s right of defense in light of the progress of the trial, it may recognize ex officio other criminal facts than the facts charged to the extent consistent with the facts charged even if the indictment was not modified. The facts charged of defamation by a false statement of false facts of this case include the factual facts within the same scope. In light of the process of the trial of this case, the facts charged of defamation by a factual statement of false facts of this case include the factual facts within the same scope, and even if the defendant is punished as defamation by factual facts, there is no concern that substantial disadvantages may be a substantial disadvantage

1. Summary of the facts charged

참조조문

유사 판례

-대법원 2014.09.04 2014도5614

-서울중앙지방법원 2013.11.20 2013노278

-대구지방법원 2014.08.13 2013노3929

-서울북부지방법원 2015.12.10 2015노1296

-서울동부지방법원 2013.07.12 2013노325