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(영문) 대전지방법원 2017.01.26 2016고정926

명예훼손

Text

The defendant shall be innocent.

Reasons

The defendant is a contract-based bus driver belonging to D Co., Ltd., and the victim E is a vice head of the above company in charge of the management, supervision, education, etc. of bus drivers.

On January 5, 2016, the Defendant: (a) at a restaurant of G bus terminal H located in the Jung-gu Daejeon District Office F, Daejeon on January 13:0, 2016; and (b) at around January 22, 2015, the victim entered around May 25, 2006, the victim caused a traffic accident due to drinking on or around January 22, 2015; (c) although there was no other bus drivers, the Defendant, despite the fact that the Plaintiff had been driving a non-licensed drinking during his/her former office, he/she would be dismissed due to his/her non-licensed drinking; and (d) at the same time, the victim’s reputation was damaged by publicly alleging the following facts: (a) other bus drivers, including I, have been heard by the vice head of the E business; and (b) the Plaintiff

Reasons for innocence

1. Determination as to whether the defendant's act was proven

A. On January 5, 2016, the Defendant made a statement like the facts charged at around 13:00 on January 5, 2016.

(b)each of the statements in E, J, I, K, L, M, N,O, and P is admissible as consistent with this part.

(c)

1) Review of the credibility of each statement was prepared by J to the effect that the statement of the accused was written, the time is not written, and the time is not accurately memoryd even when the police and the prosecution are investigated.

On January 5, 2016, this court stated that it is clear.

On January 14, 2016, after the nine day of the instant case, the date when the investigation was conducted by the police and the prosecutor, and the time when the investigation was conducted by the police and the prosecutor was earlier than the time when the testimony was made in this court. In that case, considering the fact that the J was unable to accurately memory the date of the Defendant’s statement, it is difficult to readily credibility the part concerning the date of the occurrence of the instant case out of the above legal statements by the J, which took place more time than the said nine days.

2) For I, around January 5, 2016: 13:00.