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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged in the instant case is the defendant Kimhae-si B, and the victim C is the wife of E who is in charge of the victim D.
At around 11:00 on May 23, 2017, the Defendant first disseminated the suit that “B, I, and J received KRW 500,000 from H Co., Ltd. for the right to remain in the village by finding directly the president of H Co., Ltd by finding out the thickness of this Chapter D E and directly finding the president of H Co., Ltd for the right to remain in the village in spring in 2017.”
그리고 B, I, J 3개 마을 이장들이 열 병합발전 사업과 관련하여 H 주식회사로부터 2억 5천만 원을 받아서 그중 5천만 원을 쓰고 나머지 2억 원은 보관해 뒀다는 소문을 내고 다닌다” 라는 취지로 소리침으로써 공연히 허위의 사실을 적시하여 피해자의 명예를 훼손하였다.
2. According to the evidence duly adopted and examined by this court, it is recognized that the defendant made the statement to the same purport at the time and place stated in the above facts charged.
However, in light of the following circumstances revealed by the above evidence, the evidence produced by the prosecutor alone revealed false facts.
It is insufficient to conclude that it is, and there is no other evidence to acknowledge it.
① The above statement by the Defendant is merely a detailed statement when the Defendant talks about the circumstances in which the Defendant filed a complaint with the victim in order to assert that he/she remains in a village in this Chapter’s meeting (in addition, unlike the victim’s assertion, the Defendant did not speak that he/she was the first one of his/her comments) and the Defendant’s statement was around May 19, 2017, which was prior to the above statement.