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(영문) 창원지방법원 진주지원 2015.11.27 2015고정128
명예훼손
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. On July 2014, the Defendant: (a) heard from the Jinju-si Office “D Real Estate”; (b) heard that E talked with the victim F and apartment shopping district management issues; and (c) made the said E to the effect that “F (victim) went and was detained as a matter of real estate introduction issues,” thereby impairing the victim’s reputation by openly pointing out facts.

2. In light of the following circumstances acknowledged by the record of judgment, the evidence submitted by the prosecutor alone is insufficient to acknowledge the instant facts charged, and there is no other evidence to acknowledge it.

F made a statement in an investigative agency and this court to the effect that he/she made a statement from E to the effect that he/she made the statement as stated in the facts charged, which constitutes “when the statement of a person other than the defendant is made with the content of another person’s statement that is not the defendant,” under Article 316(2) of the Criminal Procedure Act, it may be admitted as evidence only when it is “when the original person’s statement is unable to make a statement due to death, etc., and it is proved that the statement was made under particularly reliable circumstances.” According to the records, the fact that E, the original person of the statement, died

However, according to F’s statement in this Court, at the time of F’s hearing the above remarks from E, E and F had a continuous dispute with E and that E were aware of F’s speech about F’s binding power by stating that F would spread to F the speech about F’s binding power to the surrounding people. In light of the circumstances and circumstances of the statement, there is little room for false intervention in the above statement in E.

It does not seem that there are specific and external circumstances to guarantee the credibility of the contents of the statement, and otherwise evidence to acknowledge “the fact that the statement was made in a particularly reliable state” of E.

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