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(영문) 서울동부지방법원 2017.12.15 2016고정1817
명예훼손
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a minister of the “D church” church hall in Gangnam-gu Seoul Metropolitan Government Seoul Metropolitan Government.

At around 17:00 on April 22, 2016, the Defendant: (a) did not indicate the head of the Tong in which the victim E had the money of KRW 17:00; and (b) did not borrow money from the members of the Tong in which the victim E had the money of KRW 200,000; (c) however, the Defendant did not borrow money from the place in which E is located in F and a house G;

The members me, however, show the head of the Tong to the head of the Tong, and this money has to be collected, and several persons have borrowed money, and the head of the Tong may not be able to do so;

Recognizing that there is a detention unit, the victim’s reputation was damaged by openly pointing out false facts.

2. Determination

A. In a criminal trial, the burden of proving the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, it shall be determined with the benefit of the defendant.

B. According to the evidence duly adopted and examined by this court, the following facts are recognized.

① The Defendant is a member of the church of the D church, and the victim E is the head of the church’s fiscal division, and there was a conflict between the parties including the financial operation of the church at the time of the instant case.

② As a member of a church, G requested an interview between the Defendant and the victim in order to coordinate the conflict between the Defendant and the victim, and the Defendant accepted the request and sent G house in the middle of the F pastor’s seat.

③ In the course of the interview, G is necessary to make it difficult for the Defendant to have the status of thm E.

It is necessary to see that there is a lot of concern about ‘at the time of being in charge of adjudication' and ‘at the time of being in charge of adjudication'

“Absently, I, I, you have to leave,” and “Absent.”

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