명예훼손
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. At the end of November 2014 or around December 12, 2014, the Defendant injured the victim’s reputation by openly pointing out false facts, on the grounds that “G would be detained immediately on the ground that he did not repay the money borrowed by the victim’s G, among several people, such as E and F, for friendship gatherings.” Moreover, G sells and sells a man with a single-fashing and sells a man, and the president of the Gyptian also lends a few million won with a single-fashing,” and publicly by openly pointing out false facts.
2. Determination
A. In a criminal trial, the establishment of a criminal facts ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction is to be ensured, the determination should be made with the benefit of the defendant even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.
(see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (B)
Of the facts charged in the instant case, whether the Defendant stated the facts stated in the facts charged at the office of Yangcheon-gu Seoul Metropolitan Government “D” around November 2, 2014 or around December 2, 2014 (the end).
In light of the following circumstances acknowledged by the record, it is difficult to believe the victim G, E, and F’s statements (each of the statements in the investigative agency and court) that seem to conform to the above facts charged as they are, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize this part of the facts charged, and there is no other evidence to acknowledge this.
(1) The Defendant consistently denies the same facts as stated in the facts charged from an investigative agency to this court.
② As to the statement of the victim, the statement of the victim was merely a part of the content stated in the facts charged from E and F.