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(영문) 창원지방법원 2016.12.08 2016노1638

명예훼손

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal did not mean that the victim “I do not know?” and the judgment of the court below which found the defendant guilty is erroneous in misunderstanding of facts.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for amendments to the indictment with the purport that “Isn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't.”

However, the defendant asserts that he did not make the above remarks, and this is examined.

3. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, the victim made a consistent statement from the police to the court below to the court below that "the victim first made a defamation speech to the defendant, and the defendant made the statement to the effect that "I would not see that I would see that I would go against the defendant," and that "I would like to say I would like to go against the defendant by using a save, so I would like to go against the save," and the Gu office official E at the time of the trial also made a statement to the court below that "I would go against the above statements" and there was no reason for the defendant to make a false statement, it can be sufficiently recognized that the defendant made the above statements to the victim. Thus, the defendant's assertion is without merit.

(1) The court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the court below's decision is reversed and it is decided again as follows.

Criminal facts

(b).