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(영문) 전주지방법원 2019.07.04 2018노1561

명예훼손

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The defendant does not pay the above fine.

Reasons

1. According to the summary of the grounds for appeal of this case, the Defendant was well aware that the victim did not have the wind with C.

As such, defamation by publicly alleging false facts is established against the defendant.

Even if it is difficult to view the Defendant’s statement as false, defamation by the statement of fact is established against the Defendant at least.

However, the judgment of the court below which acquitted the defendant, is erroneous in misconception of facts and incomplete hearing.

2. When the prosecutor changes the indictment to the indictment, he/she shall maintain the facts charged that he/she was acquitted in the original trial and applied for the amendment of the indictment to add the facts charged to the same effect as the facts charged in the subsequent trial and the applicable provisions of Article 307(1) of the Criminal Act to the same effect as the facts charged that he/she is found innocent, and

However, as seen below, the judgment of the court below that only the previous primary facts charged can no longer be maintained, inasmuch as the court below rendered a not-guilty verdict as to the primary facts charged together with the judgment of the court below, but found a guilty verdict as to the primary facts charged.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts about the primary facts charged is still subject to the judgment of this court.

3. Judgment on the primary facts charged

A. The summary of the facts charged is that the victim B, while working as a member D such as the Defendant’s friendship C, threatened the victim with inhumane relationship, and was subject to criminal complaint from the victim.

At around 18:30 on January 14, 2016, the Defendant issued the honor of the victim by openly pointing out false facts by saying, “C and B have difficulty with the wind,” to G, the principal consignee of the table in F in the Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si.