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Reasons
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(영문) 서울중앙지방법원 2013.10.25 2013고단776
명예훼손
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 13:00 on July 16, 2012, the Defendant damaged the reputation of the victim by openly pointing out false facts in the 1st floor coffee of the Gangnam-gu Seoul Metropolitan Government D D D building, and the fact that the victim E did not commit F and F, a woman, despite the fact that the victim E did not commit. However, at the place where G and H (I) was present in company with the victim, “E members are in company with F and E, a woman, who was a woman. A member of the National Assembly. A member of the several people’s watch f, who was flick in the middle of being kept, will not be kept in a sealed place, and what hotel would be used.”

2. On August 6, 2012, the Defendant damaged the reputation of the victim by openly pointing out false facts by stating that “F has seven to eight pets, and E is the last resort of F. F requires a lot of money for each male who is the other male.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and E;

1. Each police statement of G and H;

1. A complaint filed by E;

1. Determination on the defendant and his/her defense counsel's assertion

1. First, the Defendant did not make a statement of defamation, such as the above facts constituting the crime.

Second, even if the above statement of defamation such as the above facts constituting the crime was made, it cannot be said that there is the possibility of public performance(s).

2. Determination

A. We examine the first argument, i.e., the following circumstances acknowledged by the evidence as seen earlier, i.e., witness G and H at the present site: (a) from the investigative agency to the investigation agency, the Defendant consistently testified to the effect that the Defendant took the same speech as the above facts constituting the crime; and (b) in particular, H, who is an instructor of the creation team and a third party, appears to have no reason to make a false statement; and (c) G is prepared.

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