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(영문) 서울동부지방법원 2016.06.30 2016고단1017
명예훼손
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, on August 27, 2015, had never taken a stage of performing “G” in the musical theater (E), located in Songpa-gu Seoul, Songpa-gu Seoul on August 27, 2015, while multiple spectators who are unable to know their names inside the theater are heard, the Defendant refers to the said victim, and “This person has been continuously marked with camcam cam in a single door;

3rd 19 p.m. 19 p.m.

“The F has damaged the reputation by openly pointing out false facts as a sound invasion.”

2. Determination

A. The defendant and his defense counsel used the function of zom-out (zom-out), which gives the victim a public performance in the nearest place, and the use of the victim in the break time after the end of one stop is suitable for the campcoin and the question is held.

The defendant did not have the awareness of the falsity of his speech because he believed that the victim had taken a public performance in a camping scam and was friendly to the public performance in order to mislead the public performance-related persons.

B. Since the facts constituting the elements of a crime charged in a criminal trial are subject to the prosecutor’s burden of proof, whether it is a subjective requirement or an objective requirement, the prosecutor must prove that there was a statement of the fact that the person’s social evaluation was depreciated in the case prosecuted for a crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act, and that the alleged facts are not consistent with the objective truth and are false, and that the defendant knew that the alleged facts were false (see, e.g., Supreme Court Decision 2008Do1421, Jun. 12, 2008). Moreover, the prosecutor must prove all the facts that the actor knew that the facts were false or not, given its nature, it is difficult to know or prove from the outside, and therefore, it is difficult to know or prove them from the outside.

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