2017 Gohap340 Publication defamations, unrefasibles

A

Bags (prosecutions) and Kim Jung-young (public trial)

Attorney B

July 5, 2017

The defendant shall be innocent.

The summary of this decision shall be published.

1. Summary of the facts charged

The defendant is a person who has worked as a entertainment entertainment guest in Gangnam-gu Seoul Metropolitan Government D's entertainment drinking club, and the victim E is a person who has served as a guest in the above entertainment drinking club as a person who has served as a recipient concurrently.

1. An accusation;

Around 23:00 on December 16, 2015, the Defendant had a sexual intercourse with the victim in the studio 5 studio 1 male toilet around 23:00. However, prior to the sexual intercourse, the victim’s contact address is changed and the music equipment, etc. needed by the Defendant is provided. The Defendant sent the following subparagraphs: (a) immediately after the sexual intercourse, the victim was laid off without the victim’s contact address, and (b) the Defendant’s wife, who is the Defendant’s seat, was given a malicious sentiment against the victim who was subject to criticism.

At around June, 2016, the Defendant was aware of the fact that other women filed a complaint to rape and received a large amount of agreement from the victim and his/her employees, using the victim’s sexual intercourse with the victim in order to file a complaint for rape.

On June 16, 2016, the Defendant prepared a false complaint against the victim through the Attorney J at the 7th floor law office of Gangnam-gu Seoul H building in Gangnam-gu.

The above accusation states that "a victim has been raped after being detained in a stud toilet No. 5 studio toilets in Gangnam-gu Seoul at around 2015, December 16, 2015, and around 23:00," and the defendant was only sexual intercourse under the agreement with the victim at the time and time, and there was no assault or intimidation by the victim.

Nevertheless, through the above attorney J, the defendant submitted the above false complaint to K assistant belonging to K of the Seoul Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Government Police Station 113 Doo-ro 12 on the same day.

Accordingly, the defendant did not prosecute the victim with the aim of being subject to criminal punishment.

2. Defamation to publications;

On June 2016, the Defendant, like the contents of Paragraph 1, expressed that he had the mind to file a complaint against the victim and asked the above F to file a complaint by telephone, and the F suggested that “I will not interview the media reporters and the people.” In response to this, the Defendant, while talking with the reporter and talking with the reporter, had the victim feel false as if the victim was raped.

A. On June 15, 2016, at night, the Defendant had an interview with the following: (a) on June 15, 2016, the head of the Dongdong community service center located in Gangnam-gu, Seoul, 286, with the content: (b) the reporters belonging to MM broadcasting station come to know well (victims) and go to a toilet, and (c) the Defendant was in a fluencing with a toilet. On the other hand, the Defendant was going to do so. However, on December 16, 2015, the Defendant took an interview with the content: (a) the Defendant was going to talk with the victim, and (b) the Defendant did not have been detained or raped by the victim.

After that, the contents of the defendant's interview were broadcast across the country through Nyeong News Program.

Accordingly, the defendant has damaged the reputation of the victim by pointing out false facts through publications with the aim of slandering the victim.

B. On June 23, 2016, the Defendant met the PD in charge of the PD of the 0 press broadcasting station at a play place where it is difficult to know whether it is located in Gangnam-gu Seoul, Seoul. However, it is necessary to do so, she would not flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly fl.

Accordingly, the defendant has damaged the reputation of the victim by pointing out false facts through publications with the aim of slandering the victim.

2. Determination

A. Summary of the defendant's defense counsel

The defendant submitted a written complaint for confinement and rape to the victim as stated in the facts charged, and interviewed to the effect that he/she was detained and raped by the victim is recognized. However, since there are sufficient circumstances to recognize the sexual relationship with the victim as sexual assault from the point of view of the defendant, the defendant's complaint purport and interview contents are false facts constituting the elements of the crime of false accusation and defamation in publications.

(b) Results of the jury verdict;

1. Paragraph (1) of the facts charged: Seven persons who are not guilty (with a unanimous verdict)

2) Paragraph (1) of Article 2 of the facts charged: Seven persons not guilty (compony)

3) Paragraph (b) of Article 2-2 of the facts charged: Seven persons not guilty (compony)

C. Determination

The evidence produced by the prosecutor alone is insufficient to recognize the purport of the defendant's complaint filed by the victim or the contents of each interview by the defendant as false, and there is no other evidence to acknowledge it otherwise.

3. Conclusion

Thus, since the facts charged against the defendant in this case constitute a case where there is no proof of crime, the defendant shall be acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the verdict of innocence shall be publicly notified under Article 58(2)

It is so decided as per Disposition for the above reasons.

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young