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The defendant shall be innocent.
Reasons
1. Around 19:30 on March 17, 2016, the Defendant distributed the printed matter posted to the Dong representative conference room located in the apartment complex of the Seo-gu Incheon Seo-gu Incheon Seo-gu, a summary of the facts charged to the Defendant: “The Defendant distributed the printed matter posted to the 7 minutes of the Dong representative and the residents, “The Secretary-General for Older Persons D, F, G, H, and IC, respectively, received 100,000 won or more to 7 minutes of the government-related health auxiliary food. This is subject to accusation as a violation of door-to-door sales contract.”
However, it is true that D introduced a person who sells health assistance food to the above persons, such as E, and entered the branch office with the above persons, and D did not engage in sales and did not violate the Food Sanitation Act or the Door-to-Door Sales Act.
Accordingly, the defendant injured the victim D's reputation by openly pointing out false facts.
2. Determination
A. The facts constituting the elements of a crime charged in a relevant legal doctrine criminal trial have the burden of proving that they are subjective requirements, objective requirements, or the prosecutor bears the burden of proof. As such, in a case prosecuted for defamation by a false statement of false facts under Article 307(2) of the Criminal Act, the fact was revealed that the alleged facts did not fit the objective truth, and the Defendant knew that the alleged facts were false, and all the prosecutor must prove that the alleged facts were false. In such a case, when determining whether the alleged facts were false, the overall purport of the alleged facts should be examined. If the material facts are consistent with the objective facts, it cannot be viewed as false facts even if there was a little difference from the truth in the detailed facts or somewhat exaggerated expressions.
(See Supreme Court Decision 2012Do13718 Decided September 4, 2014). B.
The Court has duly adopted and investigated the specific decision.