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(영문) 청주지방법원 2016.11.29 2016고정487
명예훼손
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the chairman of the Trade Union Co., Ltd. was the head of C branch office.

On March 28, 2016, the Defendant, within the C Office located in Jincheon-gun, Jincheon-gun, Jincheon-gun, 2016, damaged the victim’s reputation by openly pointing out false facts, stating that “H embezzled profits at the former workplace, and she is not able to spread bad perceptions to the company due to bad faith in the workplace.”

2. According to the evidence duly adopted and examined by this court, the fact that the defendant told the victim as stated in the above facts charged is recognized by the defendant to the Standing F and the head of the department G.

However, in light of the following circumstances revealed by the record, i.e., (i) the victim was during the internship period for employment with C, and (ii) the Defendant, as the chairman of the Trade Union and Labor Relations Adjustment Board, listened to the lawsuit against the victim as stated in the above facts charged, and requested that the Defendant confirm it prior to the employment of the victim by transmitting it to the Standing F, a person in charge of personnel management of C, and to the head of the Department G, it is difficult to view that the above regular business F or the head of the department G might spread the above contents to the Defendant on duty within the company, and there is no evidence to acknowledge that there was a performance otherwise.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of criminal facts, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

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