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(영문) 인천지방법원 부천지원 2016.11.03 2016고정1114
명예훼손
Text

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

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

Reasons

Punishment of the crime

On July 7, 2014, the defendant reported marriage with the victim C and is currently in a divorce lawsuit with the victim.

1. 피고인은 2014. 8. 16. 13:00경 부천시 원미구 중동 소재 ‘순복음교회’ 휴게실에서, D, E, F 등 교인들 30여명 앞에서, “C는 사기꾼이고, 유부녀가 처녀인 것처럼 속여서 총각을 꼬셨고, 임신한 후에 유부녀인 것을 알게 되었다. 그러니 피해자의 어머니인 G의 H 자격을 박탈시켜야 한다.”라는 취지로 말하였다.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

2. Around August 2015, the Defendant stated to the effect that “C was replaced by fraud, and was married as if it was a woman,” at the J hotel’s seat located in Seocheon-gu, Seocheon-gu, Seocheon-gu, I, the Defendant: “A was married before the president of the said hotel and the name in the K and name in the above hotel.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

3. On April 15, 2016, the Defendant stated to the effect that “this year (victim) is not a fringer, and requires 2 million won per month to be a child support,” from the hotel log to the hotel as described in paragraph 2, before the above K and his name misstatement.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against C (List 4);

1. Application of Acts and subordinate statutes of D and K of each fact-verification (List 2, 3);

1. Article 307 (1) of the Criminal Act and Article 307 (1) of the same Act concerning the relevant law of criminal facts, the choice of punishment

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

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 of the provisional payment order;

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