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(영문) 서울남부지방법원 2018.10.30 2018고정525

명예훼손

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged and the victim B are residents living in the same Dong of Gangseo-gu Seoul Metropolitan Government apartment C

On July 1, 2017, the Defendant posted a sign on the door outside the above C apartment elevator, “A son (victim) of the D heading husband and the victim, who tried to open the door of the vehicle E (Defendant) at the above underground parking lot, and tried to open the door of the vehicle.” The Defendant posted a sign on the door “from 1 to 2000.”

However, there was no fact that the victim was aground in the defendant's vehicle and tried to open the door of the vehicle.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. Determination

A. The key issue of the instant case in accordance with the Defendant’s argument is: (a) whether the content of the Defendant’s posting is false; (b) whether the victimized person was aground on June 29, 2017 and tried to open the door of the Defendant’s vehicle at around 19:17; (c) whether the content of the posting was detrimental to the victim’s reputation; and (d) whether the Defendant’s act was dismissed as it is for public interest and thus, illegal.

B. The evidence presented by the prosecutor that corresponds to the facts charged is false or false, among the evidence presented by the defendant, which corresponds to the facts charged, include ① the legal statement of the victim witness B and the witness F, ② the statement of each police statement of the victim and F, ③ the statement of the victim and the victim and the victim, ③ the statement of each police statement of the victim and F, and the statement of the victim and the complainant.

This is all the statements of the victim and F, and among them, F's statements are not actually witnessed at the scene, but later stated that the victim will take up the victim later, so the evidence that corresponds to the facts charged in this issue is all the statements of the victim.

2) We examine the credibility of the victim's statement. The above evidence and the defendant are examined.