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(영문) 서울중앙지방법원 2016.02.18 2015고정1991
명예훼손등
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a director in charge of business of C Co., Ltd.

On April 17, 2013, the victim Co., Ltd. filed a business prohibition and the prohibition of manufacturing and selling the products of the victim Co., Ltd. to C Co., Ltd. which prohibit the production and sale of the products of the victim Co., Ltd. to C Co., Ltd., but it was dismissed, and the appeal court was under way after the decision to dismiss the provisional disposition became final

On September 11, 2014, the Defendant posted a written statement stating the “written statement of D's pop-up act” stating one-way assertion in the process of hearing the aforementioned provisional disposition case at C Office located in the Seoul Special Metropolitan City, Seoul Special Metropolitan City, and allowing visitors to the website through the pop-up shop to be seen as visitors. The Defendant publicly indicated the fact that “D is in arrears with approximately KRW 20 million, such as rent for two years, and thereafter, was issued by the court.” ② A partner in the neighboring cooperative relationship confirmed that he was a poor person without having to live in the daily life, and without having to pay his own desire, and (m) D's directors distort with the other party, and distortly distorted the victim's reputation by openly impairing the victim's work and distort the victim's reputation, thereby interfering with the victim's reputation.

2. Determination

A. The facts constituting the elements of the crime charged in a criminal trial on the violation of defamation of false facts and interference with the spread of false facts (Article 2) are the prosecutor’s burden of proof, regardless of whether it is a subjective or objective requirement.

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