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(영문) 서울북부지방법원 2016.09.29 2015고정1803
명예훼손
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On October 2013, the Defendant damaged the honor of the victim by openly pointing out false facts by stating to E and F the purport that “the victim was her husband D in this case,” although there was no fact that the victim C was her husband D with the Defendant’s husband.”

B. On March 2014, the Defendant: (a) at the “I” singing room in Seongbuk-gu Seoul Metropolitan Government operation; and (b) despite the absence of the fact that the said victim had access to his father-Nam, the Defendant injured the victim’s reputation by openly pointing out false facts by speaking to the J to the effect that “C was sent to the husband of any woman of this case.”

(c)

On June 21, 2014, the Defendant, at the restaurant operated by the Defendant and his children in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, damaged the victim’s reputation by openly pointing out false facts by stating to the effect that “Notwithstanding the fact that the said victim did not have a son D, the Defendant filed a lawsuit claiming consolation money of KRW 50 million with her husband D in this case.”

2. Determination

A. The following circumstances revealed by the record of defamation on March 2014, 2014, i.e., the J taken the Defendant’s words from the investigative agency as stated in the facts charged.

A statement was made by the Defendant and M in this court, but it was found that the Defendant and M did not hear the contents of the statement.

The fact that the statement is reversed, M is consistent from the investigative agency to this court, and the defendant did not make the same statement as the facts charged to J.

In light of the fact that the defendant has a relationship with M at the time, but there was no relationship with J, the evidence submitted by the prosecutor, such as the statement and C in the investigation agency of the J, was the same as the facts charged, to the defendant around March 2014.

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