(영문) 수원지방법원 2018.05.10 2017고정2321

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(영문) 수원지방법원 2018.05.10 2017고정2321

명예훼손

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, on March 17, 2017, had approximately 100 elementary students and school personnel make a campaign speech for the head of parents’ association among the students and school personnel who are in the middle school located in Heung-gu, Young-gu, Young-gu. H around 14:00.

The Defendant knew that the Victim J, who had been dissatisfied with the dispute regarding the establishment of Pyeongtaek’s “I,” was registered as a candidate for the above K Elementary School Operation Committee member, and, prior to that time, took a voice file that recorded the victim’s desire to write his name to be “Creh” to a person who was dissatisfy, and then play a fluent frienc that he was a regional member of the School Operation Committee.

The author think that the person with this character should not be open to the school education site.

It is possible to leave this part to our children.

In conclusion, I will look at and determine the main time.

“......”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

2. Whether the facts charged are specified

A. The facts charged that are the subject of the judgment must be stated in the facts charged by specifying the time, date, place, and method of the crime (Article 254(4) of the Criminal Procedure Act). Of the facts charged in this case, the content of the Defendant’s direct statement in the facts charged in this case is merely a presentation of an individual opinion or judgment, and it is difficult to view the content as a “statement of fact” for the crime of defamation of reputation because it is merely a presentation of an individual opinion or judgment. The part corresponding to the “statement of fact” is a part that “the Defendant recorded a file that recorded the victim’s desire to read as “Creption” to the victim of his name to the victim, and it can be seen as a part of the facts charged (i.e., the Defendant’s statement that the victim is a person who takes the victim’s desire as such by reproducing the relevant voice file).

of this title. The reference in this section shall be deemed to be

B. The prosecutor’s changes in indictment and the defendant’s assertion, etc. were originally made.

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