명예훼손
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal is that anyone who is a tax reporter is the victim E.
2. Determination
A. The summary of the facts charged is that the Defendant is a vice head of “D” located in Asan-si.
On June 2014, the Defendant was not aware of the fact that the victim E reported the above company to the tax office. However, F and G were articles of the company “The tax office has reported the company’s tax investigation, who was the articles of the company, filed a tax return by the Gun, and the reporter is H chairman and E.
“The victim’s reputation was damaged by openly pointing out false facts.”
B. The lower court found the Defendant guilty of the instant facts charged based on the macroscopic evidence.
(c)
(1) The following circumstances, namely, F and G, can be acknowledged by the evidence duly adopted and examined by the lower court as to whether the Defendant made the same statement as the facts charged, from the Defendant to the lower court’s court, to the Defendant’s “the person who filed a tax return” is E.
‘I am the meaning of this case’
A statement is made, there is no circumstance to suspect the credibility of the above testimony, and the defendant also refers to a person suspected of filing a tax return, and the fact that he is also included in E. Thus, it can be acknowledged that the defendant made the instant statement.
2) In order to establish the crime of defamation of a victim’s reputation by Defendant’s speech, a statement of fact must be made. The alleged fact should thereby be made to the extent that the social value or evaluation of a specific person is likely to be infringed. Although a false statement was made, if the false fact is not a matter that may infringe on the social value or evaluation of a specific person, the crime of defamation of reputation under Article 307 of the Criminal Act is established.