beta
(영문) 대구지방법원 김천지원 2018.04.19 2017고정425

명예훼손

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was the president of the Korean Beauty Association C branch in 2001, and the victim D was elected on April 25, 2016.

In a bus on which about 20 members of E were on board the Seoul Central Assembly on June 28, 2016, the Defendant: (a) although there was no fact that the injured party was elected by inserting a flag sign in the ballot box at the time of the election of the head of the branch office, the Defendant was illegal by inserting the D 30 mark, and thus, (b) was elected in large sounds.

“The honor of the victim was damaged by openly pointing out false facts.”

2. The gist of the Defendant’s assertion is that a beauty artist meeting of the bus to the E auditor F of the C branch office in the bus calls for an audit of the suspicion of the election of the C branch office leader, and the Defendant did not speak as stated in the facts charged.

3. Each statement of D, G, and H, consistent with the facts charged, is insufficient to believe that it is difficult or to recognize the facts charged in light of the following circumstances, and there is no other evidence to acknowledge the facts charged.

① Although D made a statement to the effect that “the instant bus was directly made by the Defendant at the instant site,” it is not clear whether D was on board a bus, and thus, it is difficult to believe as it is.

D has made consistent statements in an investigative agency by stating "not aboard a bus", and there are related persons' statements about D's boarding of a bus.

② Although G and H testified to the effect that they correspond to the facts charged, F and I, a bus passenger, make a statement to the same effect.

As above, the facts charged are proved to the extent that the statements of the persons concerned are beyond a reasonable doubt by only some of them.

It is difficult to see it.

- The Defendant shall have a bus corridor between them and shall sit on the right side.