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(영문) 대전지방법원 2014.05.21 2013고단739
명예훼손
Text

The defendant shall be innocent.

Reasons

1. On November 20, 2012, the Defendant: (a) around 16:00, at the fourth floor conference room of the E University headquarters located in Seo-gu, Seo-gu, Seoul Special Metropolitan City, the Defendant: (b) prepared a written confirmation stating that “F entered an entertainment drinking house seven times and had a sexual relationship with his/her employees” in order to prevent the Defendant from re-appointing a professor; and (c) distributed it to professors and music faculty students attending the said school faculty meeting, thereby openly impairing the victim’s reputation.

2. Determination

A. The defendant and his defense counsel asserted to the effect that the contents of the document confirming the facts charged are consistent with objective truth, and thus, it is not false.

(2) In full view of the evidence duly adopted and examined by this court, the witness F’s statement in the first trial record, the witness G’s statement in the third trial record, the witness H’s statement in the fourth trial record, the statement in the bank automation device transaction statement, CD, and each fact-finding inquiry report, as a whole, F had sexual intercourse with the Defendant with the employee of entertainment establishments at Kmomoto, while drinking together with the Defendant on October 6, 2012 at Kmotos, between 2010 and 2011, and drinking drinking at least ten times with the Defendant at least one of them was sexual intercourse with the employee “M”, N from October 2010 to December 2012 with the Defendant.

(3) In a case prosecuted for defamation by publicly alleging false facts, the Defendant recognized that the alleged facts did not fit the objective truth and were false, and that the alleged facts were false.

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