The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. In the facts charged, the Defendant is the sectional owner of “Dma” 324 in Ansan-gu, Ansan-gu, and the victim E (the age of 59) is the head of the above Dmate management office.

The defendant tried to listen to the sound that the victim was removed from the notice of the selection of the controlled entity and to produce it.

On April 30, 2015, around 15:00, the Defendant damaged the reputation of the victim by openly pointing out false facts by openly pointing out the victim’s reputation to the 2nd floor F store business proprietor G in Ansan-si, the 2nd floor “Dar” located in Ansan-si, Ansan-si, with the victim and three neighboring store business owners.

2. In the crime of defamation, a statement of fact refers to a report or statement of facts in a specific past or present, time and space, as a concept substitute for an opinion expression of value judgment or evaluation. The contents of the statement refer to what can be proved by evidence, and in distinguishing whether a statement of determination is a fact or an opinion, it should be determined by considering the ordinary meaning and usage of the language, the possibility of proof, the context in which the expression at issue was used, the social situation in which the expression was made, etc.

(see, e.g., Supreme Court Decision 97Do2956, Mar. 24, 1998). The expression “human garbage” in the facts charged appears to be a “human garbage” in which the Defendant made a statement to the victim.

Such expressions can not be seen as a report or statement on specific past or current facts, and there is no other evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act.