(영문) 대구지방법원 의성지원 2017.03.02 2016고정94

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(영문) 대구지방법원 의성지원 2017.03.02 2016고정94

명예훼손

Text

The defendant shall be innocent.

Reasons

1. On November 15, 2015, the Defendant of the instant facts charged refers to the victim E (the age of 78) while hearing D, etc. who is a village resident in front of the warehouse of the Seongbuk-gun, Seongbuk-gun, 2015, and, “each household will have stolen 15 gamblings.”

Sabaly, it is good to go to 2 boxes.

“.” The purport was “.

However, there was no fact that the injured party stolen and sold 15 gamblings from his own possession.

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

2. The defendant and his defense counsel's assertion and judgment

A. The argument that there was no 15 gamblings in the warehouse managed by the defendant, and there was a fact that he sold the apology to E before that time, and that not only the defendant but also E had the key to the warehouse, and thus, at the time of the instant case, E does not bring about 15 gamblings and 15 gamblings in order to confirm the whereabouts of the deceased and 15 gamblings.

The purpose of this paper shall be asked to the effect that there was no false fact intentionally in order to impair the honor of the victim.

B. In a judgment, the burden of proving the facts constituting an offense prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction should be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, it shall be determined with the benefit of the defendant.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, the principal purpose of the Defendant’s expression of the same content as the facts charged was to inquire the victim of his death and 15 gambling, and there was an intention to impair the honor of the victim.

It is difficult to see, and there is no other evidence to acknowledge it.

1) The Defendant cultivated orchard owned by E upon consignment from E with a death and farming house.

유사 판례

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-광주지방법원 2014.06.17 2013가단61522

-대구지방법원 2018.09.07 2018노1170 (1)