명예훼손
The defendant shall be innocent.
1. The summary of the facts charged is a person who was a member of the “C church (D church after the alteration)” in the case of Bupyeong-si, the defendant, and the victim E is a member of the above church, a member of the above church, and a F is the member of the above church.
At around 11:49 on January 22, 2018, the Defendant’s house located in Suwon-si G Building H in Suwon-si, and even though the Defendant did not say that the Victim E was “I have a smelled”, the Defendant’s mobile phone using the Defendant’s mobile phone that reads “Ee-mail kis, vaga, Ma, obscenity, obscene ear, false evidence ear, varged son.
A cleaning agent from the time of greging, which is not a cleaning agent, and is smelled.
He sent the message “Isn't dice,” which is called “Isn't dice.”
As a result, the Defendant, by pointing out false facts, damaged the honor of the victim.
2. Determination
A. Of the instant text messages, “a statement of fact” refers to a report or statement on facts in the past or in a specific past, time, spatially, and current fact-finding, which is an element for the crime of defamation, as to “math spaw, math, obscene math, and false evidence-taking” part of the text messages of this case refers to the expression of opinion, the subject of value judgment or evaluation. The expression “a statement of fact” refers to a report or statement on facts in the past or in a specific past, and its contents can be proved by evidence (see Supreme Court Decision 99Do5190, Feb. 26, 2004). The expression “the victim is Mar ma, Taga, Mar, obscenity, and Mar with false evidence” refers not to a mere fact that can be proven by itself, but to the recognition, evaluation, and judgment of the expression person, even if the Defendant appears such contents.
B. Among the instant text messages, “snickers who are not snicker and smelled” are entitled to smell.
As to the part of the "dywn" which causes sound.