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(영문) 서울중앙지방법원 2016.10.05 2016고단2383
명예훼손등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In a situation where the Defendant lacks the ability to discern things or make decisions due to chronic editing mental division, the Defendant, on May 2015, damaged the victim E’s reputation by openly pointing out false facts by openly distributing four copies of the paper A4 to many and unspecified people, stating that “E is harsh to male, but women have a propool system, etc. at the street located in Gangnam-gu Seoul, Gangnam-gu, Seoul, with a propool system, etc. for women,” which read “E is harsh to male, but has caused death (or physical and mental harm to humans).”

2. The Defendant committed assault against the victim, on January 20, 2016, when the Defendant lacks the ability to discern things or make decisions due to chronic editing mental division, such as finding the victim into the first floor G store in Gangnam-gu Seoul, Seoul, and taking a bath for the victim E without any reason, and taking the victim’s spits, spits, and spiting the victim into spits, and flaping the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 307 (2) of the Criminal Act (a point of defamation) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. From among concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of a prison term summing up the maximum term of the punishments specified for each crime);

1. The defendant's defense counsel under Article 62 (1) of the suspended execution of the Criminal Act asserts that the defendant committed each of the crimes of this case under the condition of mental disorder caused by chronic editing disorder. Thus, according to the evidence adopted and investigated by the court, the defendant has the ability or will to discern things due to chronic editing mental disorder at the time of committing each of the crimes of this case.

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