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(영문) 부산지방법원 동부지원 2019.05.22 2018고정803
명예훼손
Text

The defendant shall be innocent.

Reasons

1. The complainant is in charge of the management office of the apartment complex B in Busan Shipping Daegu, and the defendant is a female president of the above apartment complex.

On August 28, 2017, the Defendant found B apartment D, a residence of C, around 10:40 on August 28, 2017, and caused damage to the reputation of the victim by openly pointing out false facts to the following C, by stating that “If the complainant and E (the chairperson of the apartment occupant representative) are in in inhumanious relationship, and if he/she was in French, he/she should not be paid with the apartment public fund if he/she would have to be paid with his/her own money.”

B. On September 14, 2017, between 19:00 to 20:00, the Defendant damaged the reputation of the complainant by openly pointing out false facts by making the horses in the same manner as that of the above “A” to G on the Dogdong Island in Busan Shipping Daegu Island.

2. Determination

A. The facts charged

In light of the contents and attitude of the statement in this court, C’s statements related to this part of the facts charged are very low in credibility.

The only evidence submitted by the prosecutor alone is the facts charged by the defendant.

It is difficult to readily conclude that C had the same words as the facts charged at the time of navigation, and there is no other evidence to acknowledge it.

② (C’s legal statement) Even if the Defendant mentioned the B’s wheels, the Defendant’s oral statement appears to have expressed his opinion in the process of gathering the examination of E, rather than the content as stated in the facts charged.

(A) In light of the circumstances in which the question was raised with respect to E’s non-wheeledness, the relationship between E and C, the circumstances in which the Defendant made a speech to C, etc., it is difficult to deem that C himself/herself is likely to transmit the content (2) to others.

B. Facts charged

(1) relating to this subsection.

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