명예훼손
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The gist of the grounds for appeal is that the court below erred by misapprehending the facts charged in this case, in view of the fact that the Defendant did not have sound-friendlyness as stated in the facts charged.
2. Determination:
A. On July 7, 2012, around 21:30 on July 7, 2012, the Defendant: (a) visited the victim D’s house of the Simpo-si C apartment B 102, and two other persons, etc., in the place where the meeting is held; and (b) visited the victim, along with the police officer, to perform construction work.”
However, the victim did not have embezzled the construction cost at the time of the above apartment construction.
The Defendant openly damaged the reputation of the victim by publicly pointing out false facts as above.
B. The court below found that there was evidence of the above facts charged by taking each legal statement of witness D, E, and F.
C. There are evidence that conforms to the facts charged in the instant case’s judgment, such as D, E, and F’s statements and H’s confirmations, but in light of the following circumstances, it is difficult to believe that it is difficult or that it is insufficient to recognize the facts charged by itself.
According to the records of this case, a person who held a meeting at the date, time, and place recorded in the facts charged is the victim, who is the chairperson of the C Apartment Residential Self-Governing Council, and the E, F, H, and a person who visited the meeting at the same time is the defendant, I, and the police officers accompanying the defendant at the time are recognized as K and L belonging to the JJ group.
In other words, if the defendant had a sound as stated in the facts charged, the person who had been in a position to hear it is 8.
However, the above eight persons are different from their statements according to their own positions.
In other words, while the victim makes a statement that corresponds to the facts charged, the defendant denies it, the E, F, and H, which are engaged in the above autonomous meeting with the victim, are the statements of the victim.