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(영문) 수원지방법원 2019.01.17 2018노4172

명예훼손

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (the factual errors and misapprehension of legal principles, and the part on the charge of unfair sentencing) 1) misunderstanding of facts and misapprehension of legal principles (the part on the charge of oil) did not state to F and G that “The victim C (hereinafter “victim”) committed suicide in D with an upcoming philopon and sexual intercourse between prisons, thereby committing a crime.” 2) The lower court’s punishment (1.5 million won of fine) against the Defendant of unfair sentencing is too unreasonable.

B. According to Articles 314 and 316(2) of the Criminal Procedure Act, the prosecutor (misunderstanding of facts as to the acquittal portion) is missing, and the victim’s statement that he/she transferred the same contents as the written indictment from B and the written indictment from B is admissible as evidence. According to this, the defendant’s statement as to B is the same as the written indictment, thereby impairing the victim’s reputation.

2. Determination

A. The following circumstances are revealed by the evidence duly adopted and investigated by the court below to determine 1 mistake of facts and misapprehension of legal principles as to the defendant's grounds for appeal: (i) F and G consistently state that the defendant made from the investigative agency to the court of the court of the court below that "the victim committed suicide by committing suicide by committing a crime of D by making a philopon and sexual intercourse between the victim and the victim in prison"; and (ii) the victim also made the above talks. The two statements are mutually consistent; (iii) within the same accommodation room in Seongdong-gu, Seongdong-gu, Seongdong-gu, the F took each of the above talks from each defendant in the meeting room in Seongdong-gu, and (vii took part in the above talks from each of the defendant in Seongdong-gu, while meeting room in around September 2015, the status of acceptance of the defendant and F and objective materials such as the present situation of meeting room and the defendant and G also conform to the above statement; and (iii) the defendant is detained from a third party.