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(영문) 서울남부지방법원 2020.09.08 2019노1482
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding) is only the only evidence of the facts constituting the crime in the judgment of the court below. D was forced to make a statement from the victim E, and the court of the court below reversed the statement that the defendant's memory is not well-being, so there is no evidence to acknowledge the fact that the defendant made a statement that the defendant defames E, like the facts constituting the crime in the judgment of the court below.

2. The evidence duly adopted and examined by the court below, in particular, D's statement at the police station (a record D's statement at the police station was made in detail by the defendant, and it was not memory in the court of the court of the court below, but its content was not reversed, which can be viewed as a natural phenomenon caused by the reduction of memory, and D's statement from the police to the court of the court below is consistently stated as the defendant; and the defendant also stated at the prosecutor's office that "E and I have a written objection about D's statement, so, it is so that E's statement at the police station is believed) and some statements at the prosecutor's office. Considering that the defendant's statement at D's office took place in the same manner as F's statement was made, it can be sufficiently recognized by openly pointing out false facts about D's reputation as stated in the judgment of the court below and damaged the victim's reputation.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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