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The defendant shall be innocent.
Reasons
1. The Defendant in the facts charged in this case is the chairman of the D Chairperson Group, who is a meeting of the persons who served as the president of the C Group, and the victim E is the member of the D Chairperson Group, and the F is the husband of E.
On December 7, 2016, the Defendant, at the H restaurant located in Gwangju Mine-gu G, held a D Chairperson Group meeting together with F, I, J, and K. The Defendant, while boarding the vehicle with the above four persons and moving into the station of Gwangju City, had L and M’s national farming group talked with L and M’s national farming group while moving into the station of Gwangju City.
The Defendant undermined the honor of the victim by publicly alleging false facts to the purport that “the victim is such type and was sexually related to D’s former president.” The Defendant, stating that “The victim was the victim, and was sexually related to D’s former president.”
2. In a criminal trial, the burden of proving the facts constituting an offense prosecuted in the criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value that leads a judge to feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decisions 2006Do735, Apr. 27, 2006; 2013Do10316, Jan. 16, 2014). It is argued that the defendant tolds the victim and the O to the effect that he/she was deprived of membership fees at the time of the instant case.
In this regard, the victim her husband's legal statement was different from the F's legal statement, and at the time he was on board the vehicle with the defendant and F.
In full view of both I and K’s respective legal statements and the Defendant’s arguments, the Defendant and F were in a conversation while under the influence of alcohol at the time of the instant case, but F said that the Defendant and C had sexual intercourse.