명예훼손
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendant stated in the facts charged in the instant case that “B has become winded; (b) assaulting the Defendant at the time of drinking”; (c) there was no fact that “B has become winded by avoiding the wind; and (d) it was not false that B has hedginged against the Defendant by avoiding the wind; and (c) the Defendant did not perform any act that constitutes the elements of defamation.
Even if the Defendant made a statement as stated in the facts charged in the instant case, it is merely an explanation that the Defendant was no longer engaged in a club with B and C, and thus, it does not constitute an intentional act of defamation or a violation of social norms.
Nevertheless, the lower court convicted the Defendant of all the charges of this case, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. The Defendant also asserted the same purport as the grounds for appeal, and the lower court did not accept the Defendant’s assertion in detail, stating in detail the judgment on the issue under the title “the judgment on the dispute point”.
Examining the above judgment of the court below in a thorough comparison with the records, it is justified and acceptable, and it does not seem to have any error of law by misunderstanding facts, which affected the conclusion of the judgment.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.