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(영문) 서울서부지방법원 2016.06.30 2016노426

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts of the lower judgment, did not err by misapprehending the legal doctrine, nor by misapprehending the legal doctrine, made a statement that impairs the victim C’s reputation.

Even if the defendant made such a statement,

Even if there is a performance that is not around March 2010, but around March 2008, and the defendant who made such remarks to D has a performance that is a constituent element of the crime of defamation of honor.

shall not be deemed to exist.

B. Even if the charge of this case is found guilty, the sentence of the lower court (1 million won) is too unreasonable, even if it is found that the charge of this case is found guilty.

2. Determination

A. As stated in the judgment of the court below, I first examine whether the defendant made a statement to the effect that the defendant damaged the victim's reputation as stated in the judgment of the court below. D witness of the court below clearly stated in the court of the court below that "A made a statement to the effect that "A had the defendant sent the defendant's husband, and that the time was until March 2010" was "A was until March 2010". D's statement was made to the court of the court below, the circumstances leading up to D's hearing the above speech from the defendant, the response and behavior after D's hearing the above speech, the response and behavior after D's statement to C, the defendant's statement before the defendant's words and written a fact confirmation document, the defendant's statement made to D's defendant after being issued a summary order of KRW 1 million as the case of this case, especially since D's supply of goods to the defendant and received goods from the defendant, it seems that there is no reason that D's testimony to be unfavorable to the defendant.

However, D's date and time are specified in the police investigation process in 2010 or in 2012.