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(영문) 춘천지방법원 강릉지원 2012.12.18 2012노295

명예훼손등

Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall be imposed on the defendant.

Reasons

Summary of Grounds for Appeal

Defendant

The defendant has not committed violence by misunderstanding of facts (as to the violence of misunderstanding of facts) by taking the face of D one time at the floor of his hand.

The sentencing of the lower court on unreasonable sentencing is too unreasonable.

Since the public prosecutor's erroneous determination of facts (as to defamation), the defendant states that "210 females will be friendly at night, because they will be able to be wrong," thereby pointing out false facts publicly, thereby impairing the honor of D. Thus, the judgment of the court below which acquitted the defendant, is erroneous and adversely affecting the conclusion of the judgment by misunderstanding the facts.

The sentencing of the court below on unreasonable sentencing is too unjustifiable.

The prosecutor of the prosecution (in addition to the facts charged in the preliminary charge) maintains the facts charged as to defamation caused by the display of the existing false facts in the court as the primary charge, thereby holding the ancillary facts charged as to defamation as the primary charge.

An application for amendment to a bill of amendment added to the same contents as the statement in the paragraph was filed and this court permitted it, which was added to the judgment.

A victim made a statement that corresponds to the facts charged by the police as to the defendant's assertion of mistake of facts regarding the grounds for appeal, and there are no special circumstances to suspect the credibility of the above statement.

The above statement of the victim is supported by part of H's statement that the defendant did not regard the victim's her her her her her her her her her her her her her her her her her her

In addition, the defendant made a statement that corresponds to the facts charged and led to the confession of the crime.

The defendant's assertion of mistake is without merit.

On June 201, the primary facts charged by the Defendant on the charge of defamation of the prosecutor's assertion of mistake of facts are as follows: (a) in the office of managing the Yeung-si E apartment, which is a security guard with a usual friendship, and (b) in order for the victim D to make a her husband's phone call.