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(영문) 광주지방법원 순천지원 2016.01.29 2015고정288 (1)
명예훼손
Text

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

Reasons

1. On July 9, 2014, the Defendant: (a) around 14:00 on 14:00, and around 14:0, the facts charged against the Defendant: (b) out of the vehicle carrying a convalescent hospital, the Defendant: (c) and other C (“D”).

“The victim’s reputation was damaged by publicly alleging false facts.”

2. Determination

A. 1) Oral statements made by C at an investigative agency, a statement made by the victim to an investigative agency and this court, and statements made by E in this court, which correspond to the fact that the defendant made a statement in the facts charged.

2) First, C is examined from the statements made by investigative agencies.

Although C had attended three times at an investigative agency and made a consistent statement, the Defendant consistently denied the above facts from the investigative agency to this court, ② also reversed the statement that C had been made by himself/herself at the investigative agency on July 9, 2014; ③ if C had made the above statement from the Defendant on July 9, 2014, he/she asked the victim or the members of the board of directors to ask for the source of the question without delay. On September 4, 2014 after the lapse of two months, “The date on August 4, 2014” appears to be “the date on which the complaint was lodged on September 4, 2014” (see the victim’s statement statement statement). It seems difficult to believe C’s statement with the investigative agency on September 4, 2014.

3) Next, the remaining evidence, other than the statements made by C at an investigative agency, was either directly heard from C the fact of the Defendant’s statement, or was transferred from C.

The credibility of the remaining evidence should also be denied unless C believe that a statement made by an investigative agency was made again from the third party.

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