명예훼손
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and legal principles 1) The Defendant did not conclude that F, as stated in the facts charged, the Defendant told F to the effect that “the female employees, who had worked as the former E, the head of D planning office, were pregnant and did not take responsibility without any contact.”
2) Even if the Defendant made F a statement to F as stated in the facts charged,
However, in light of the fact that F was in the state of having seen the same horses from G before hearing the above horses from the Defendant, and F was between F and E, and F was in the state of drinking or drinking the horses in E and Carpet, there is no possibility for F to spread the said horses, and there is no public performance, and there is no awareness or intent of defamation against the Defendant.
It is difficult to see it.
(c)
The punishment sentenced by the court below which is unfair in sentencing (one million won or more and the cost of lawsuit) is too unreasonable.
2. Determination
A. In light of the content of the first instance judgment as to the assertion of mistake of facts and the evidence duly examined by the first instance court, the first instance judgment as to the credibility of the statement made by the first instance witness was clearly erroneous in the determination.
Unless there are extenuating circumstances to see the credibility of a statement made by a witness of the first instance trial and the result of an additional examination of evidence by the time the appellate trial is final and conclusive, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance trial is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2017Do7871, Mar. 29, 2018). The lower court examined the victimized person as a witness E and the witness and convicted the Defendant of the facts charged in the instant case.