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Reasons
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(영문) 인천지방법원 2012.08.10 2012고정286
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

The defendant is a village resident such as C, D, E, and Victim F.

On September 27, 2011, at around 21:00 on the road in front of the Jung-gu Incheon Metropolitan City Gagra, the Defendant publicly insultingd the victim by saying, “F aged and older than her aged f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, and f, f, f, f, f, and f, f, f, f, f, and f, f, f, f, f, f, f, f, f, f, f, f, f, and f, f, f, e, f, f, f, e, f, f, e,

Summary of Evidence

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

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

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the primary facts charged is the complainants of F and C, D, and E.

On September 27, 2011, at around 21:00, the Defendant damaged the reputation of the complainant by openly pointing out false facts with the view of “F aged and older than 1:00 residents, including community residents C, D, and E, in the front of the Jung-gu Incheon, Jung-gu, Incheon, by stating that “F older and older than her age, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, and f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f

2. In the crime of defamation, the term “statement of fact” refers to a report or statement of a specific past or present fact in time and space, which is a substitute for a “statement of opinion” with respect to value judgment or assessment, and the content of the statement refers to what can be proven by evidence. In distinguishing between whether a report or statement is a fact or an opinion, the ordinary meaning and usage of the language, the possibility of proof, and the context in which the expression at issue was used.

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