피고인은 2012. 5. 일자불상경 정읍시 연지동에 있는 국민체육센터 연못 옆 모정 옆 연못에서 건외 C, 같은 D, 같은 E이 있는 가운데 “그 년이 F한테 깻잎, 상추 등을 가져다주면서 환심을 하려고 지랄하고 있다, 그 년은 유방암수술하고 한쪽 젖도 없는 년이 가르치는 선생을 어떻게든 따 먹으려고 지랄 염병하고 다닌다, 자궁암수술까지 해서 관계도 못할 년이 환장하고 다닌다”고 허위사실을 적시하여 피해자 G의 명예를 훼손하였다.

2. The burden of proof of criminal facts prosecuted in a criminal trial for a judgment is the prosecutor, and the conviction of guilt is based on evidence with probative value, which makes a judge not having reasonable doubt as to the facts charged, to the extent that the facts charged are true. Thus, if there is no evidence to form such a degree of conviction, the defendant is suspected of guilty even if there is no evidence to establish such a degree

Even if there is no choice but to judge the interests of the defendant.

(3) The evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged in the instant case, in full view of all circumstances, including the following circumstances acknowledged by the evidence duly adopted and examined by the instant court: (a) the Defendant denies the facts charged by clearly explaining the situation at the time of the instant case from the investigative agency to the instant court; (b) D at the time of the instant case also states that the Defendant was unable to hear the same statement as the facts charged; and (c) the contents of conversations recorded between E and the Defendant at the time of the instant case are consistent with the statement of the Defendant and D. In full view of all circumstances, the evidence presented by the Prosecutor alone is insufficient to acknowledge the facts charged in the instant case.