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(영문) 부산지방법원 동부지원 2012.11.29 2012고정1040
명예훼손
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is one of the parties who leased and reside part of the houses located in Busan Metropolitan City Shipping Daegu D, which is the victim C.

On May 25, 2010, the Defendant, while making a dispute with the victim in relation to the moving of household tools borrowed from the victim in front of the above house, made a public statement of false facts by stating that “whether or not the money is not returned, why or not the money is stolen, or why the money is stolen in the prison, or that the money is stolen in the prison,” and the court also changed the morale. The Defendant made a public statement of false facts on several occasions by stating that “I am the same as the fraud, I am hand, and you see, and the processed matter you see.”

2. In light of the records and records, there was a dispute between the Defendant and the victim on the date and time stated in the facts charged in the instant case, such as the issue of whether the goods owned by the victim were marina, whether the victim returned the deposit to the Defendant, and whether the Defendant expressed such expressions as stated in the facts charged during the instant dispute.

However, the part of the expression as stated in the facts charged by the defendant "whether or not the money is not returned" is difficult to be deemed to be false by a false expression in the process of the problem of return of the lease deposit, and the expression "the purport of the "Fraud" changed is merely an expression of an abstract judgment or safic sentiment that may undermine the social evaluation of the victim with respect to the non-return of the lease deposit, and it is difficult to view that the expression of the fact is sufficient to reduce the social value or evaluation of the victim.

In addition, other expressions by the defendant are merely the expression of abstract judgment or sacrific sentiment that could undermine the social evaluation of the victim, and the specific facts sufficient to decrease the social value or evaluation of the victim are stated.

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