beta
(영문) 대전지방법원 2018.11.15 2018고합370

명예훼손

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant is a person who is at least C and doctoral degree courses at B University Art College C with C and 00 faculty.

From around August 27, 2017, the day immediately before the opening date of the semester B, the Defendant: (a) had been in opposition with the said B University Art College C C and the faculty victims D, and (b) had, around August 27, 2017, withheld personal transfer from a bus stop in front of the land stop, humanities college, art college shop, art college shop, glass wall and restaurant located in the Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City; and (c) at the G University G University Bag Park-si, located in the Gyeonggi-si, Gyeonggi-gu, Gyeonggi-do; (b) an individual who receives the research expenses from the victim in the large bulletin of “G”, with the doping that all the individuals were private or drinking water was accumulated into the works.

A notice of about 10 scripts containing the same contents as the list of crimes in attached Form, such as the content of the "Act", was posted.

However, in fact, the Defendant recognized that he/she held an individual transfer on November 12, 2008, January 6, 201; November 16, 201; November 201; November 21, 2012; November 21, 2012; December 3, 2013; December 2, 2015; December 2, 2015; August 24, 2016; and May 26, 2017, each of which was held on May 26, 201, was false.

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

2. A part of the facts alleged by the Defendant and the defense counsel are recognized as false facts in the public bulletin as stated in the facts charged (hereinafter “the public bulletin of this case”). However, at the time of posting the public bulletin of this case, the Defendant did not recognize it falsely, and the contents indicated in the public bulletin of this case are all excluded from illegality as being for the public interest.

3. Determination

A. The facts constituting the elements of the crime charged in a criminal trial to determine the falsity of the alleged facts are the crimes of defamation by publicly alleging false facts under Article 307(2) of the Criminal Act, as the prosecutor bears the burden of proof, whether it is a subjective or objective element.