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 facts charged and the judgment of the court below
A. On November 2013, the Defendant filed a divorce lawsuit against the victim E (the 69-year-old) who is the husband of the Defendant, and in order to point out favorable status in the above lawsuit, the Defendant thought that the victim rapes the “F (the death by suicide on April 6, 2010) (the victim’s her husband), which is one of the father of the Defendant, or attempted to spread the statements about the victim to the surrounding people as if he had not committed suicide, despite the fact that the victim committed suicide.
Accordingly, on December 2, 2013, the Defendant damaged the reputation of the victim by openly pointing out false facts, such as sending a recording recording containing the same purport to the J, a merchant of the same market, by mail, on the H market located in Seongbuk-gu Seoul, Seoul, and I operating the store in the above market.
B. The lower court found the Defendant guilty of the facts charged by comprehensively taking account of the macroscopic evidence.
2. The summary of the grounds for appeal (defluence of facts and misapprehension of legal principles) ① The Defendant did not say to the market merchants, such as I, that “E has committed suicide by assaulting her natives” as stated in the facts charged, and there was only a passive answer to I’s questions after the h market spread of the above written question.
② The Defendant did not send a record to J by mail, but the complaint attached to the claim for consolation money filed by the Plaintiff against J is served on the Co-Defendant J by the court.
(3) No defendant's act shall be deemed to have a performance in lack of radio wave potential.
(4) The defendant did not have any awareness of false facts.
(5) The defendant had no intention of defamation.
(6) The illegality of defendants' act as a political party's act shall be avoided.
(7) Two male persons who are strings with a written statement attached to an investigation report.