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(영문) 서울서부지방법원 2015.11.06 2015노1326

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant, as stated in the judgment of the court below, made to D and G a statement that impairs the reputation of the victim C.

B. Legal principles 1) Even if the Defendant made the remarks as indicated in the judgment below, even if the Defendant had made the remarks, it is not likely that the Defendant had a public performance, which is the element of defamation, in light of the fact that he was mixed with D and G, and that there was no possibility of dissemination in the relationship between D and G, the Defendant, and the victim’s workplace rent. 2) The Defendant had a public performance, which is the fact that the examination interview with D had already been made by D with the victim, and even if the Defendant had talked

C. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the lower court may recognize the fact that the Defendant made D and G a statement that defames the victim as stated in the facts constituting the crime in each of the lower judgment.

The defendant's above assertion is without merit.

① Victims C, D, and G consistently state from investigative agencies to the original trial that the Defendant had consistently made a statement from D and G about the victim as stated in the lower judgment.

Victims, D, and G are specifically stated not only in the defendant's statement but also in the circumstances or circumstances at the time, and there is no special contradiction between them.

② Each of the statements made by I and J in investigative agencies does not have the words of internal relationship between the victim and D from the defendant, and there is no fact that the defendant told D to it. There is no direct relation with the content of the instant crime that the defendant made a statement to D and G impairing the honor of the victim.

(3) Recording notes submitted by the defendant shall also be set aside between the defendant and G due to the operation of the morning.