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(영문) 대전지방법원 2015.04.08 2014노2273

명예훼손

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, as stated in the facts charged, stated in the facts charged, stated that “F was found in the office inside the country and followed the scam and scambling,” he was guilty of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the court below

A. The summary of the facts charged in this case, around 14:50 on February 21, 2013, the Defendant damaged the victim’s reputation by openly pointing out false facts by openly pointing out false facts to the victim’s reputation, even though the victim F did not have committed an act, such as intrusion upon the Defendant’s office and moving back to the equipment inside the office. However, the victim’s employees and customers were heard by the above store employees and customers.

B. The lower court found the Defendant guilty of the instant facts charged, based on the Defendant’s partial statement, witness F, G, H, and I’s legal statement as evidence and found the Defendant guilty of the instant facts charged.

3. Judgment of the court below

가. 이 사건 공소장 변경 경위 당초 피고인은 '2013. 2. 21. 14:50경 아산시 C에 있는 피해자 F가 일을 하고 있는 D 2층 E 판매대리점에서 매장 직원, 불상의 손님 등 10여명이 있는 자리에서 피해자를 지칭하며 “아니 제 꺼 집 훔쳐, 누구안기 내 물건 훔쳐갔어요 그래서 나는 지금 그 범인을 색출하자는 거예요 현행범이니까”, “제 매장에, 와 갖고 발칵 뒤집어 놓은 거예요”라고 큰 소리로 말하'여 공연히 허위의 사실을 적시하여 피해자의 명예를 훼손하였다는 내용으로 기소되었다.

However, the police officer I called upon the report at the time of the occurrence of the instant case.