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(영문) 춘천지방법원 2017.08.21 2016고정521
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is engaged in agriculture and is a person who is between a victim and a neighbor.

On August 27, 2016, the Defendant: (a) in front of Hongcheon-gun, Hongcheon-gun; (b) in spite of the fact that the Defendant died of the Defendant’s opening; and (c) the fact that the victim D died of the Defendant, the Defendant was the victim at the same place where EF was located, the Defendant: (d) “Is the death of the Defendant; and (d) Is the victim who was not good for peace;

The victim’s reputation was damaged by openly pointing out false facts, stating that the person who died only.”

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of the statutes governing witness H’s statutory statement;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The Defendant’s assertion regarding the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act bearing litigation costs

2) The Defendant asserts to the effect that the Defendant merely responded to questions of the victim or E and did not have any intention of defamation, even if the Defendant made such remarks in the course of the dispute with the victim, it was merely before the arrival of a third party, such as E, F, and thus, there is no public performance.

According to the evidence duly adopted and examined by this court, the defendant confirmed the death of the defendant's dog and found the victim "whether the injured person died of the defendant", and the victim did not have any "the injured person died of the defendant". The victim did not have any "the injured person". The defendant was at the scene of H, G, I pension customers at the time of the dispute with the victim, and E and F, at the time of the dispute with the victim.

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