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(영문) 의정부지방법원 2018.07.04 2018고정301

명예훼손

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the victim B and that of middle and high schools.

On December 31, 2016, around 10:30 on December 31, 2016, the Defendant damaged the reputation of the victim by openly pointing out false facts, despite the fact that there was not a divorce of the victim-friendly couple due to the victim, not only three persons, E, etc., but also three children of the victim, even though they were in the above tasks.

2. Determination

A. The facts constituting the elements of a crime charged in a criminal trial of the relevant legal principles are the prosecutor who bears the burden of proof, whether it is a subjective element or an objective element. As such, in a case prosecuted for a crime of defamation of reputation by a statement of false facts under Article 307(2) of the Criminal Act, the fact that the alleged facts do not fit the objective truth, and thus, the prosecutor must prove that the alleged facts do not coincide with the objective truth, and that the defendant knew that they were false facts and stated them, all of which must be proved by the prosecutor. In such a case, in determining whether the alleged facts are false, the whole purport of the alleged facts should be examined. In a case where the important parts are consistent with the objective facts, there is a little difference from the truth or somewhat exaggerated expression in the

Even if it cannot be viewed as false facts (see, e.g., Supreme Court Decisions 2008Do1421, Jun. 12, 2008; 2012Do13718, Sept. 4, 2014). (b) Examining the following circumstances acknowledged by the evidence duly adopted and investigated by the court in light of the aforementioned legal principles, as seen earlier.