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The defendant shall disclose the summary of the judgment of innocence against the defendant.
Reasons
1. On May 18, 2015, the Defendant filed a lawsuit seeking invalidation of a representative election resolution by the 15th floor of Ctel in the Seocho-gu Seoul Metropolitan Government Office Office of Ctel 15th floor, where D, E, and victim F, etc. are gathered, and the Defendant submitted an appeal that the Defendant received money in return for the victim F, who had been the former chairperson of CM, to the victim G, the next president, for the transfer of the CM representative’s seal impression, the Defendant stated that “The FF would have known the principle of FF president, and received money every time.”
However, there was no fact that the victim F was paid money in return for the transfer of the above seal imprint from the victim G.
Accordingly, the defendant damaged the reputation of the victim F and the victim G by openly pointing out false facts.
2. Determination
A. Since the facts constituting the elements of a crime prosecuted in a criminal trial are the prosecutor’s burden of proof, whether it is a subjective element or an objective element, the prosecutor must prove that the facts have been revealed to fall the social evaluation of a person in the case prosecuted for defamation by a false statement of false facts under Article 307(2) of the Criminal Act, and that the alleged facts have not complied with the objective truth, and that the Defendant knew that the alleged facts were false, and all the prosecutor must prove that the alleged facts were false. In this case, when determining whether the alleged facts are false, the prosecutor must examine the overall purport of the alleged facts. If the material facts are consistent with the objective facts, it cannot be viewed as false facts even if there is a little difference from the truth in the detailed facts or somewhat exaggerated expressions.
(See Supreme Court Decision 2012Do13718 Decided September 4, 2014). B.
According to the evidence duly adopted and examined by the court, specific judgment is examined.