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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On December 30, 2014, the Defendant sent the Kakao Stockholm text message to E, a member of the above gathering, “F (victim) files a complaint against embezzlement of public funds,” although the victim D, an operator of the “C” (hereinafter “C”), following the Internet, embezzled membership fees. On the same day, the Defendant sent the Kakao Stockholm text message to E, a member of the above gathering, at around 20:00, and embezzled by posting the phone to G, a member of the above gathering, for “the victim, who operates the Kambook and uses public funds that he received as membership fees from its members at will.”
Accordingly, the defendant has damaged the honor of the victim by openly pointing out false facts.
2. In full view of the evidence duly examined and adopted by this court, the Defendant sent text messages with the same contents as the facts charged, but the evidence presented by the Prosecutor for the following reasons is proven to the extent that there is no reasonable doubt as to each of the facts charged.
It is difficult to see it.
Since the facts constituting the elements of a crime charged in a criminal trial are the prosecutor who bears the burden of proof, whether it is a subjective requirement or an objective requirement, the prosecutor must prove that there was a statement of harming the social reputation of a person in the case prosecuted for the crime of defamation by a false statement of false facts under Article 307(2) of the Criminal Act; that the alleged facts are not only false because they are not consistent with the objective truth; that the Defendant knew that the alleged facts were false; and that there was a false statement of the alleged facts. In such a case, when determining whether the alleged facts are false, the prosecutor must examine the overall purport of the alleged facts. If the material facts are consistent with the objective facts, there is a little difference from the truth or somewhat exaggerated expression
Even if so, it is false.