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(영문) 대구지방법원 상주지원 2014.01.14 2013고단296

명예훼손

Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. The Defendants in the facts charged of this case are married couples who reside in the same Dong and Dong as the victim D.

The Defendants reported to Defendant A on the suspicion of cutting standing timber in the field of the Ethical mountain, etc. around the Seocho-si in early 2013, and entered the forest green belt for viewing literature. However, the Defendants determined that Defendant A was reported to Defendant A on the viewing of literature and the victim was not good for appraisal, and thus, had the intent to impair the reputation of the victim.

1. Defendant B told that, around March 20, 2013, Defendant B reported to the effect that “D filed a report on the cutting of trees to the viewing and viewing of literature,” among the community halls in and around the street with 5-6 members of the Dong and Dong residents, such as F, in F, etc. in and around the street.”

However, in fact, the victim did not report the cutting of standing timber to A, and the defendant did not undergo a clear confirmation procedure.

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

2. A around March 2013, Defendant A stated to the effect that “D reported to the Dong-dong residents on the viewing of literature.”

However, in fact, the victim did not report the fact that the defendant cut standing timber, and the defendant did not go through a clear confirmation procedure.

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

2. In order to establish the crime of defamation, there must be a statement of specific facts likely to infringe on a particular person’s social value or evaluation.

In addition, since anyone may file a complaint when he/she considers an offense, he/she is aware of the fact that he/she filed a complaint, and the fact that he/she filed a complaint alone may infringe on the social value or evaluation of the complainant.