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(영문) 서울서부지방법원 2018.05.23 2017고정601
명예훼손
Text

The defendant shall be innocent.

Reasons

On April 30, 2014, at the D Co., Ltd. office located in the Yongsan-gu Seoul Metropolitan Government building C around April 19:00, the Defendant was at the seat of 6-7 members of the company, such as F and G, while there was a dispute over the operation and financing of the victim E and the company, and he was at the seat of 6-7 members of the company.

“Is that Is that I will see and Is that Is that Is SIs SIs.

The pictures alleged were shown to the above employees.

However, there was no fact that the victim E did not look at the defendant's favor.

The Defendant, as seen above, damaged the honor of the victim by openly pointing out false facts, from that time until May 27, 2015, thereby impairing the honor of the victim by the same three times as indicated in the list of crimes in the attached Table.

Maz.

1. The facts constituting the elements of the crime charged in a criminal trial are the prosecutor’s burden of proof, whether it is a subjective element or an objective element. As such, in the case prosecuted for the crime of defamation of reputation by a statement of false facts under Article 307(2) of the Criminal Act, the fact that there was a statement of harm to people’s social reputation was made, as well as the fact that the alleged facts are not consistent with the objective truth, and that the Defendant knew that the alleged facts were false, and thus, the prosecutor must prove all of them. In such a case, when determining whether the alleged facts are false, the prosecutor must examine the overall purport of the alleged facts. In a case where the material part is consistent with the objective facts, there was a little difference from the truth

Even if this cannot be deemed as false facts (see, e.g., Supreme Court Decision 2012Do13718, Sept. 4, 2014). 2. According to the evidence submitted by the prosecutor and the defendant’s partial statement in this court, the facts that the defendant told as stated in the facts charged are recognized.

However, this Court has duly adopted and examined the case.

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