명예훼손
The judgment below
The guilty portion shall be reversed.
Of the facts charged in the instant case, defamation of March 14, 2013 is acquitted.
1. Summary of grounds for appeal;
A. Defendant 1) As to the guilty portion of the judgment of the court below on the guilty portion, there was only G at the time when the defendant lost the Handphone, and the defendant tried to explain the circumstance that his behavior is doubtful, to E and F of the village, and to seek assistance in arbitration, and there was no intention or false representation of defamation, and there was no awareness of the possibility of dissemination, but there was an error of law by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment of the court below on the guilty portion. 2) The punishment of the court below on unreasonable sentencing (one million won of fine) is too unreasonable.
B. With respect to the part of the judgment of the court below on the misunderstanding of facts as to the acquittal portion, the judgment of the court below which rejected the credibility of the above statement even if H and I’s statements on the Defendant’s remarks are specific and consistent, which affected the conclusion of the judgment by misunderstanding the facts. 2) The judgment of the court below on the unreasonable sentencing is too unreasonable and unfair.
2. Determination
A. 1) The summary of the charge is as follows: (a) the Defendant, on March 14, 2013, found guilty portion of the charge to be erroneous; and (b) the Defendant, on March 14, 2013, is a DNA farming association corporation
) From among the cafeterias in E and F, “A clerical room (victim) was set up without the framework to lose the Handphone. There was no room until the opening, and there was no room for the office room.” However, there was no fact that the victim G stolen the Defendant’s cellular phone. Accordingly, the Defendant damaged the victim’s reputation by openly pointing out false facts. 2) The lower court found the Defendant guilty of this part of the charges by taking account of the Defendant’s partial testimony and witness E and testimony.
3) On the criminal facts prosecuted in a criminal trial on the relevant legal principles.