명예훼손
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. 1) The Defendant, like the description of the facts charged, stated in C, “D is a police officer with a police officer’s license in the subject that was not reported to the center of the police school, with a police officer’s career.
There was no statement to the effect that it was “.......”
2) Since C is in a relationship between the victim D and the victim D, C was likely to transmit the victim’s words from the Defendant to an unspecified or many unspecified persons.
shall not be deemed to exist.
In addition, there was no intention to recognize the possibility of spreading to a defendant, and therefore there was an intentional act of defamation.
shall not be deemed to exist.
B. The punishment sentenced by the lower court against the Defendant (2 million won in penalty) is too unreasonable.
2. Determination
A. (1) Determination of the Defendant’s assertion of mistake of facts is based on the evidence duly adopted and investigated by the lower court, i.e., the following circumstances: (i) from the investigative agency to the court of the lower court, the Defendant made the statement as stated in the facts charged
As consistently stated, there is no circumstance to suspect the credibility of the statement, and ② the victim D also made a statement from the investigative agency and the court of original instance as stated in the facts charged C in the investigation agency and the court of original instance.
In light of the consistent statements, the fact that the defendant made a statement to C as stated in the facts charged can be recognized.
The defendant's assertion that this part of the facts is erroneous is rejected.
2) In addition, the following circumstances acknowledged by the above evidence, namely, ① the relationship between the Defendant, the victim D, and C, was somewhat friendship between the victim D and C.
Even if C did not have the possibility of spreading the horses from the Defendant to many and unspecified persons, C had no possibility of spreading them.
It is difficult to see, and ② the defendant.