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(영문) 광주지방법원 2018.12.19 2018노2855

명예훼손등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the Prosecutor of the facts (not guilty portion in the judgment of the court below), the court below acquitted the Defendant of this part of the facts charged, although the Defendant could fully recognize the fact that he had damaged the reputation of the victim by inserting the same article as that stated in this part of the facts charged, which is erroneous in the misapprehension of facts.

B. The sentence of the lower court’s improper sentencing is too uneasible.

2. Determination

A. (1) On August 25, 2016, the summary of this part of the facts charged is as follows: (a) the Defendant had access to the account under the name of the Pins North Ga at an influence place in the Gwangju Metropolitan City (Seoul Metropolitan City) around August 25, 2016, and then “.........” The Defendant was fluorily fluorily established every day and flus

Dok Dok Dok Dok, which is bad to play due to a large number of fluor's physical defects not to be taken into place in Korea

Although the victim was a female-friendly Gu, he/she appears to have a sexual intercourse with the Defendant.

However, the defendant did not know that he had sexual intercourse with the victim.

Accordingly, the Defendant damaged the reputation of the victim by openly pointing out false facts as above.

2) In light of the following circumstances, the lower court’s determination, as alleged by the Defendant, argues that the victim’s statement and the Defendant’s photograph, which appears as evidence consistent with this part of the facts charged, have been closed in the A Account North Korea, but the Defendant’s photograph was used solely for the use of the Defendant’s photograph posted on the above Account, rather than the user of the “A” account, and that the victim’s statement was merely used for the use of the Defendant’s photograph, and that there was no objective and specific evidence to specify the user of the above Account, it cannot be ruled out that the Defendant’s photograph could have been used by the prosecutor, as alleged by the Defendant.