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(영문) 울산지방법원 2014.12.24 2014고정1220
명예훼손
Text

The defendant shall be innocent.

Reasons

The Defendant is a person engaged in agriculture in Yangsan City, and the victim D is a person who had a general duty in the neighboring temple E.

On January 10, 2013, the Defendant, at the restaurant of “F” located in the above C, destroyed the reputation of the victim by openly pointing out the facts to the effect that “The victim and E had sold the brick brick brick brick brick brick 20 members, and the victim left the brick 300 million won out of the brick 800 million won.”

Judgment

In order to establish a crime of defamation, a specific fact that is likely to infringe on the victim's social value or evaluation should be indicated. Whether an expression constitutes defamation should be determined by objective evaluation in accordance with the social norms of the expression.

(2) According to the witness G’s legal statement and evidence submitted by the prosecutor, according to the witness G’s legal statement and evidence submitted by the prosecutor, the fact that the Defendant made the statement to the same effect as the facts charged is acknowledged.

However, the purport of the above statement is that "E was sold for KRW 80 million, the victim tried to perform an act related to the sale and purchase, and among which 300 million won was brought to the victim," and according to the record and witness D's statement, the victim attempted to sell e's snow for KRW 700,000,000,000, in fact as the general affairs of E, and attempted to sell e's snow for KRW 700,000,000,000,000,000 won as the above sales amount. The purport of the defendant's statement seems to be consistent with the above facts as a whole.

In addition, the aforementioned remarks are made to the effect that the witness G did not understand that the meaning of the phrase “victims and Estin are inappropriate relations” is attached in this court.

Considering these circumstances, the defendant is the defendant.

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