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(영문) 서울북부지방법원 2019.02.15 2018고정1210
명예훼손
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the mother of C who is enrolled in the food nutrition department at B University, and the complainant is the father E who is enrolled in the food nutrition department at B University.

On October 25, 2017, at around 21:00, the Defendant: (a) called “F” by telephone to the students enrolled at B University; and (b) read “F” the complainant; and (c) read “Isn't have to impregn't any other women’s oriental medicine typhism by telephone at Edidy night, and Isn't have to read “Isn't have to impregn't have to d

B. On October 25, 2017, at around 21:14, the Defendant continued to call to “G” students enrolled at B University and referred to as “G” and damaged the reputation of the complainant by openly pointing out false facts by talking that “I will leave women at night, who will do so, and will do so.”

2. Determination

A. On October 25, 2017, the Defendant called F at F on or around 21:00, and then asked F to find it difficult to believe in light of F’s statement in this court (F was present at this court and made a statement that there was no fact that E had been given a telephone from the Defendant, and there was no other evidence to acknowledge it otherwise.

B. On October 25, 2017, at around 21:14, the Defendant called the complainant by telephone to G and asked him to see whether he had talked about “Is to see women at night, she is a person to do so,” and corresponding G’s legal statement and written statement are difficult to believe in light of the USB recording files and recording records in which a telephone conversation was recorded at the time, and there is no other evidence to acknowledge it otherwise.

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

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