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(영문) 대구지방법원 김천지원 2017.08.22 2016고정210
명예훼손
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the incidental table C, and the victim D is the representative of E.

On October 23, 2014, the Defendant posted the term “H”, “I”, and “J” at an interview with the head of the FEM’s G Editor at a place where it is not known as a patrolman, and inserted the said term into the FEM’s title “K” from the FE media on October 23, 2014.

However, there was no fact that L-related massive manipulation was caused, or the victim fabricateds his signature, and there was no fact that the minutes were stolen or the date of the minutes changed.

Nevertheless, the Defendant publicly announced false facts as above, thereby impairing the honor of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A report on investigation (report on receipt of a petition);

1. Determination as to the defendant and his/her defense counsel's assertion, such as newspaper articles, sentence text, etc. of the National Assembly's bill information system search and output

1. Determination as to the assertion that the facts were not false

A. The gist of the assertion was the actual L-related manipulation, the victim fabricateds his signature, and the victim was attached to the petition by stealing the minutes or by changing the date, so the fact that the Defendant published is not false as stated in its reasoning.

B. The fact that the relevant legal doctrine was published is false shall be proven by the prosecutor actively, and the mere fact that the published fact is not proven to be true cannot constitute a crime of defamation by publication of false facts.

In determining whether or not the above burden of proof has been fulfilled, not only the proof of the existence of a fact actively, but also the absence of a specific act at a specified period and place, if the absence of such fact is about the absence of a specific act at a specific place, the prosecutor must prove it without reasonable doubt, but also the absence of a fact that has not been specified in a specified period and space.

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