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(영문) 서울남부지방법원 2012.10.30 2012고정1247
명예훼손
Text

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

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

Reasons

Punishment of the crime

1. On September 8, 201, the Defendant told C at the counter of the Gansan Station Station of the Gangseo-gu Seoul Metropolitan Government Malsan National Bank located in the Gangseo-gu, Gangseo-gu, Seoul, that “The victim D was committing sexually sexually indecent act with his/her own descendants, and D would have a lot of wind with women and wind.”

However, there was no fact that the victim did not commit a sexual indecent act by taking the hand of the defendant or do the wind with women.

As a result, the Defendant, by pointing out false facts, damaged the honor of the victim.

2. On September 9, 201, the Defendant stated to the effect that “A victim D was engaged in sexual harassment and sexual intercourse with a female and wind,” within the subway station that “A victim D was engaged in sexual intercourse with a female and wind,” going to the effect that the Defendant would go to the new picture station in the Seoul subway Station around the hour.”

However, there was no fact that the victim did not commit a sexual indecent act by taking the hand of the defendant or do the wind with women.

As a result, the Defendant, by pointing out false facts, damaged the honor of the victim.

Summary of Evidence

1. Each testimony of witness C, E, and D;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 307 (2) of the Criminal Act concerning facts constituting an offense and Article 307 (2) of the Criminal Act selecting a penalty;

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

1. Articles 70 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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