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(영문) 울산지방법원 2018.05.10 2017고정1259
명예훼손
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who sells clothes in the name of "E" at a shop located in Ulsan-gun C, Ulsan-gun.

Victim F is a person who sells the philosophical philosophical philosophical philosophical philosophical philosolosophicals.

On July 2017, 2017, the Defendant listened to G prior to the fact that G had purchased the flazing flazing and the flazing three sets of flazing in the Flazing place of business, which is a winder in the vicinity of the D, and that G has purchased the flazing flazing and the flazing 700,000 won from damage.

F refers to the purport that F will sell fake 50,000 won to 3.50,000 won, and around that time, F would sell it to G, “I will sell 50,000 won foot in a non-surb, surged, surged.”

However, in fact, the victim sold the above gal, etc. to G in the volume of 200,000 won, not to 50,000 won.

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

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The legal statement of the witness G (a witness may make a simple and consistent statement concerning the facts charged and believe it);

1. Application of Acts and subordinate statutes to police statements made to F and H (a summary of the statement made by F and H that the Defendant and F were in a hostile relationship among the statements made by F and H is believed);

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. A fine shall be partially reduced, taking into account the following circumstances: (a) the Defendant’s criminal intent for the sentencing of Article 334(1) of the Criminal Procedure Act was weak (i.e., the circumstances in which the victim made a statement of facts constituting the crime on the basis of flaging the victim).

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