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(영문) 서울중앙지방법원 2017.01.25 2016고정2697
명예훼손
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 1985, the Defendant operated the Victim B Co., Ltd., which was located in Ulsan City from July 1, 1985, and the transaction was interrupted on the grounds of the Defendant’s payment of the goods.

From September 16, 2015 to January 14, 2016, the Defendant, in front of the D Building in Jung-gu Seoul, Jung-gu, Seoul, and the fact that the Defendant was deprived of, or promised to, a subdivision agency operated by the Defendant due to the victim’s company, was not a party to compensate the Defendant. However, the Defendant, “A’s quality tightly, C agent 40 years away from the Defendant’s body.”

It would give compensation for damage.

Along with the fact that the ship was born.

B announced the people's name statement and sent it to the public for compensation for damage.

It was generated by agents for about 40 years due to the malicious business Ephere and company F, which did not unfilled in real property by combining the remaining 2 million won of the outstanding amount with the interest of 10 million won.

보상하라!!.” 라는 내용의 현수막을 걸고 피켓을 들고 현수막과 피켓 내용을 확성기를 이용하여 소리침으로써 공연히 허위사실을 적시하여 피해자의 명예를 훼손하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Complaint;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of an agreement between the complainant and B agencies);

1. Relevant Article 307 of the Criminal Act concerning criminal facts, Article 307 (2) of the Criminal Act concerning the selection of punishment, and selection of fines;

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

1. The Defendant asserts that the content of the banner and the pocket book are not false, and that the illegality of the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is excluded as an act for the public interest. However, in light of the result of the previous case’s judgment between the Defendant and B, the circumstances leading up to the instant case, the dispute between B and the agencies council, and the content of the pocket book and the behavior of demonstration, etc., it is true or it is believed that the Defendant is true.

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