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(영문) 의정부지방법원 2018.11.13 2018노427

명예훼손

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. On October 28, 2016, the Defendant was aware of the relationship with the victim and F for the first time while talking with L on October 28, 2016, and there was no statement from August 1 to 9, 2016 to C as stated in the facts charged.

In addition, the defendant made such a statement to C

Even if there is a possibility of radio waves

shall not be deemed to exist.

2) Although the Defendant, on August 30, 2016, together with I and I history of occupation, there was no fact that he provided meals on October 2016.

In addition, the defendant first becomes aware of the relationship between the victim and F on October 28, 2016, and thus, I did not make the statement as stated in the facts charged.

B. A defendant made such a statement to I

Even if there is a possibility of radio waves

shall not be deemed to exist.

3) On October 28, 2016, the Defendant, as a representative of the Juvenile Orchea, was aware of the facts about the Defendant F as the conductor, because the Defendant had talked about the relationship between the victim and F with L.

In other words, if the F is a leader who educates juveniles about music, the Defendant is not able to ask theJ about the relationship between F's ordinary female relationship and the victim by asking the relationship between F's ordinary female relationship and the victim in the public car.

B. The lower court’s sentence (2 million won in penalty, 200,000 won in provisional payment order) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Article 1 (1) 1 of the facts charged in this part of the facts charged is that the Defendant had directed the Defendant to extend to the Orstru on August 1, 2016 from the Flusium on August 9, 2016 to the Clusium, the Defendant’s representative.

C에게 전화로 “D( 피해자 E을 달리 부르는 이름) 와 F 지휘자 쌤이 그렇고 그런 사이라고 하는데 아시죠

The phrase “F, a male and female victim, made a statement to the effect that they are in a mutual relationship between men and women.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2) The original judgment and the first instance judgment are duly adopted.