(영문) 서울서부지방법원 2014.07.24 2014고정676

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(영문) 서울서부지방법원 2014.07.24 2014고정676

명예훼손

Text

The defendant shall be innocent.

Reasons

1. On January 15, 2013, the Defendant: (a) was the president of the Mapo-gu Council of Residents’ Representatives; (b) had the victim D to find himself/herself before in dialogue with the apartment residents at the Mapo-gu Seoul Mapo-gu Office of Management of Apartments; and (c) had the victim D to engage in the color construction of apartment, he/she made a solicitation of publicly false facts to have the chairperson of the Promotion Committee of the Dom Construction; and (d) had the victim D to engage in the

2. The Defendant, at the time and place indicated in the facts charged from an investigative agency to this court, did not have the said remarks, and at the same time and place around December 16, 2012, at the 16-dong guard room, the victim told her son to participate in the apartment painting work, but this is true, and thus, it does not indicate false facts or defame her reputation.

Therefore, this paper examines whether the defendant made the above remarks on the date and time stated in the facts charged, and the corresponding parts among the witness D's police and the statements in this court were transferred to the defendant's speech from E, F, etc., and thus, evidence is inadmissible as it constitutes a hearsay statement.

In addition, the F’s statement, the police, and each statement in this court stated in the police that “F would know that it was 2 months or more that the Defendant made the same remarks as the facts charged (the 76th day of the investigation record).” However, in this court, it is difficult to believe it as it is because it was not consistent because the F made a statement that “I talked about it on the next day of January and the 15th day,” and it is difficult to believe it as it is. The E’s statement, the police, and each statement in this court are 12 months or more that the Defendant made the statement such as the facts charged, and there is no other evidence to acknowledge it.” Therefore, it is insufficient to acknowledge the fact that the Defendant made the above remarks on the date stated in the facts charged and there is no other evidence to acknowledge it.

3. Accordingly, the instant facts charged constitute a case where there is no proof of crime.

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