명예훼손
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal 1) The F misunderstanding of the facts was the Defendant’s remarks as indicated in the facts charged on August 2017, 2017.
was stated.
However, the defendant had been staying in China at that time and had never been divided into F and F.
However, the lower court found the Defendant guilty of the instant facts charged based on F’s statement.
2) The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.
2. In full view of the following circumstances revealed by the evidence duly admitted and investigated, the lower court’s determination that found the Defendant guilty of the instant facts charged is justifiable.
① The F, at the beginning of August, expressed to the Defendant the same words as indicated in the facts charged.
A statement was made to an investigative agency.
However, from July 30, 2017 to August 11, 2017, the Defendant’s statement in that he/she was staying in China (20 pages of investigation records, evidence No. 1) is incorrect.
There is room to view.
In that sense, F was inferred to August at the beginning of July in the sense that it was a day after the completion of the class for July (19-20 pages of investigation records). As such, F made a false statement solely on the above circumstances.
It is difficult to see it.
(2) The F shall be the accused immediately before hearing the words such as the statement in the facts charged, and "The people who have the wind of this people in China shall be the only one.
The phrase " was also read as "
The statement, etc.(20 pages of investigation records) is very concrete that F's statement about the place and situation at the time of hearing the statement to the defendant.
In addition, considering the developments leading up to the delivery of the horses to K and the victimJ, and the response of the parties to it, the F's statement is credibility.
Therefore, the Defendant, as stated in the facts charged, damaged the honor of the victims of the “Mon August 2017.”
full recognition may be accepted.
3. A favorable circumstance is that the defendant has no power to impose criminal punishment on the defendant with regard to the wrongful argument of sentencing.
On the other hand, however, it is.