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(영문) 서울중앙지방법원 2018.02.07 2016고정2850
명예훼손
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. The Defendant through publication’s defamation is a person who works as the president of E B’s father and child due to the victim D’s money, and the victim is the victim’s father and child who were employed in E’s father and child.

On September 2015, the Defendant neglected to pay home to the G reporters of the “F” religious magazine “F” while the victim was absent from the church.

However, the total number of pastors and the wind of the church is getting out.

It paid a large amount of money to the divided church.

The birth of the mother was missing from the divided church and the fetus died late.

“The purpose of this article is to inform G reporters of false facts to make the article, and to publish the article from 121 to 124 pages of November 2016.

As a result, the defendant injured the victim's reputation by openly pointing out false facts in publications.

B. On October 9, 2015, the Defendant defamation damaged the honor of the victim by pointing out false facts by pointing out the same as a brush and winding, referring to his/her parents, students, and the victim D present at the sports conference, in the noble elementary school playgrounds located 8-3 times in Jung-gu Seoul, Jung-gu, Seoul.

2. The facts constituting the elements of a crime charged in a criminal trial of relevant legal principles are the prosecutor’s burden of proof, whether it is subjective or objective, and thus, the prosecutor must prove that the facts have been revealed in the case prosecuted for the crime of defamation of reputation by publication under Article 309(2) of the Criminal Act, and that the alleged facts do not conform with the objective truth, and that the Defendant knew that the alleged facts were false and stated that they were false.

In such cases, in determining whether the alleged facts are false, the details of the alleged facts.

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