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(영문) 서울중앙지방법원 2012.11.27 2012고정3799
명예훼손
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On February 17, 2012, the Defendant: (a) around 02:00 on February 17, 2012, at Jongno-gu Seoul Jongno-gu restaurant, the victim C did not have a sexual intercourse with the Defendant; (b) however, the Defendant considered D as follows: (c) at the place where the victim’s husband is the victim’s husband, E and F, who is the Defendant’s natives, was heard by D, “I am in my own job, and I am in his mind.”

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

2. The evidence that conforms to the facts charged in the instant case is indicated in the accusation of C, the police statement of C with respect to C, the F's factual confirmation, and the investigation report (Fphone statement).

However, it is difficult to believe that C’s police statements were merely transferred from D or F, and on the other hand, F did not respond to the summons and investigation of the police, and this court adopted as a witness, but did not appear. On the other hand, in light of the E’s legal statement, it is insufficient to recognize that the Defendant indicated the false facts, such as F’s written confirmation of facts, etc., as stated in the facts charged, solely on the basis of the F’s statement from the police to this court, and there is no other evidence to acknowledge it.

Therefore, since the facts charged in this case constitute a time when there is no proof of crime, the court shall decide not to prosecute the defendant under the latter part of Article 325 of the Criminal Procedure Act. It is so decided as per Disposition by publicly announcing the summary of the judgment of the defendant under Article 58

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