명예훼손
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal did not appear to have made a defamation statement about the victim C, as stated in the instant facts charged, but the lower court found the Defendant guilty on the ground of the witness I’s testimony without credibility. Thus, the lower court erred by misapprehending the facts.
The Defendant made the same speech as the facts charged.
Even if there is no performance, it should be pronounced not guilty for the defendant.
2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely,: ① from the investigative agency to the court of the court below, I has consistently made a statement from the defendant that there was the same story as the facts charged in this case; ② as stated in the judgment of the court below, I has specified the place, circumstances, details, and the reason why I heard the statement in this case in the court of the court below; ③ is credibility of the statement; ③ is a professor in the Spatial System Department of the University Department of Law, and the J has no reason to make a statement for the defendant, as alleged by the defendant, because I did not refuse the J request, and even considering the relationship between the professor and the victim as a professor in the Spatial System of the University, the defendant and I cannot be deemed to have a relationship of friendship with the victim or a victim, and in fact I has made the above statement to the professor before the J., it is recognized that the defendant had a considerable relation between the victim and the victim in this case, as described in the facts charged.
Even if the defendant speaks as above, it is possible for the defendant to spread to many and unspecified persons, so the defendant's assertion of mistake of facts is not accepted.
3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.