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(영문) 서울북부지방법원 2018.01.11 2017고정1482

명예훼손

Text

The defendant shall be innocent.

Reasons

The Defendant, on November 1, 2016, at the parking lot for D clan C located in Namyang-si, Namyang-si, the Defendant installed a banner stating “D (Operation of the clan)’s believers,” and “E president is well aware of the status of a group of members, who are 44 opposing members at the general meeting of the Assembly on October 31, 2016, and 37, opposing members of A, who will be fighting.” The Defendant installed a banner at D clan C, which read “D (Operation of the clan)’s believers,” and “E director will be fighting.”

“E” under the title of “E” is this.

At the time, the Chairperson was sent to the G, H, and D and nine (9) branches with a long-term power reading, and frequently prevented the president from standing.

E CC currently experienced four times of criminal accusation against the president, directors, and prisons with a wide range of snow, and experienced four times of criminal accusation against the former president (no charge is available, and no charge is available). Even after the dismissal of the Plaintiff, CC again lost the Plaintiff’s dismissal from the civil trial in August 2015, and paid FC a KRW 0 million of trial costs at the end of FC, and various kinds of raw resources should not be absolutely used in conspiracy to extend the right of life by causing any disturbance and dispute among the members of FC.

By creating a printed material with the content of “the victim’s reputation was damaged by setting up a criminal complaint and civil litigation in order for the victim E to maintain his/her clan rights within the victim’s clan, and by pointing out false facts as if the dispute among the members of the clan partially resulted in the dispute among the members of the clan.

Judgment

The term "statement of fact" in the crime of defamation refers to the expression of opinion, the object of which is a value judgment or evaluation, and refers to the report or statement of specific past or present facts in time and space, and the contents of which can be proved by evidence.