Text
The defendant shall be innocent.
Reasons
1. The Defendant is a reporter of Dr. Dr. C in the period of harmony with the instant facts charged.
Around 01:00 on March 5, 201, the Defendant: (a) had access to the D website (J) and posted a false article stating that “The case in which the Defendant was withdrawn due to a sexual indecent act even in the G, H’s official seal, and the G, H’s official seal, and I’s name was not stolen; (b) the Defendant had access to the D website on March 6, 2011, stating that “The case in which the withdrawal was made due to a sexual indecent act was not two or more cases” (hereinafter referred to as “the article of this case”).
Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through the information and communication network for the purpose of slandering the victim.
B. On March 7, 2011, around March 7, 2011, the Defendant published the same article as the instant article in D No. 15, and then distributed the same article to readers across the country around that time.
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts in the newspaper for the purpose of slandering.
2. Determination
A. In order to establish the crime of defamation of publications by publicly alleging false facts or false facts, the facts must be considered to be false, and the defendant must be aware that the facts alleged are false in disclosing such facts. In other words, the awareness of the false facts, and the burden of proof for the criminal intent is the prosecutor.
In addition, if the important part of the timely fact is consistent with the objective fact, it is different from the truth or somewhat exaggerated expression in detail.