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(영문) 광주지방법원 2015.07.08 2014노2392

명예훼손

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts and misunderstanding of legal principles are merely talking about the victim E in person, and there was no awareness of falsity. Defendant A had no intention to defame the victim E in the process of fighting between the victim E and the married couple.

(2) The lower court’s sentence on the Defendant of unreasonable sentencing (one million won of fine) is too unreasonable.

B. Defendant B (Definites and misunderstanding of legal principles) was merely a talk that the Defendant directly heard from the victim E, and there was no awareness of falsity. The said speech is merely a fact that the victim E is the natives of the victim, and the Defendant was aware of the fact that he had already been aware.

2. Determination

A. (1) As to the Defendants’ assertion of mistake of facts and misapprehension of legal principles, the lower court rejected the Defendants’ assertion in detail under the title “determination on the Defendants and their defense counsels’ assertion” on the same assertion in the lower court. In addition, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the Defendants asserted that they were sexual intercourse with the victim F under the influence of the victim E while the victim E was under the influence of alcohol on May 201. However, in the petition of divorce lawsuit filed by Defendant A around November 2012, around May 201, the lower court stated that the victim E had sexual intercourse with the victim E, and that on May 5, 2011, the victim E had no sexual intercourse with the victim, and that the victim was sexual intercourse with the victim.