명예훼손
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal (misunderstanding of facts) is merely posted in collusion with D for the purpose of harming the developments in which his official seal was affixed by obtaining a confirmation letter on the circumstances in which the official seal was stolen from D, and the name of the title, “the case of an organization head,” and the text, “the case of an organization head,” and there was no fact of indicating false facts in collusion with D.
Nevertheless, the judgment of the court below which found guilty of defamation is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. The summary of the facts charged is the chairman of the C apartment lessee representative meeting, and D is the person who was a complaint for the management of the above apartment.
The defendant and D conspired, on June 23, 2015, at the apartment management office of the above apartment in Sungsung-si around 11:00, the fact that the defendant and D did not request the victim F to affix the official seal of the representative chairperson by force, intimidation, pets, etc. to D. However, the defendant and D confirm that "the victim who was the representative of the former tenant has to install a name and body for the surrounding parts and the former representative, and used the official seal without force, intimidation and intimidation."
“The content of “a fact-finding confirmation letter with the official seal of the representative president” was prepared under D’s name, and the victim’s reputation was damaged by openly pointing out false facts by copying the fact-finding certificate and posting it on each bulletin board of the apartment complex.
3. The burden of proving the facts constituting an offense charged in a criminal trial for judgment is to be borne by a public prosecutor, and the conviction for conviction is to be based on evidence with probative value sufficient for a judge to have the truth that the facts charged are true enough to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). Accordingly, the evidence duly adopted and examined by the court below.