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(영문) 창원지방법원 2013.11.29 2013노843
명예훼손
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) The lower court found Defendant (1) guilty of this part of the facts charged by citing the statements of the victim, witness F, H, and G as evidence, but considering that the victim, witness, and the Defendant were not good in a dispute relationship, such as a usual lawsuit, there is no credibility in the above statement.

따라서 위와 �이 신빙성 없는 증거에 의하여 피고인에게 유죄를 선고한 원심판결에는 사실을 오인하여 판결에 영향을 미친 위법이 있다.

(2) The sentence (one million won of fine) imposed by the lower court on the Defendant is too unreasonable.

B. According to the statements of the prosecutor (not guilty part) victim and witness F, H, and G, the court below found the whole facts charged in this case guilty, but it erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. (1) Prior to the judgment on the grounds of appeal by the amendment of indictment, prior to the judgment on the grounds of appeal by the defendant and the prosecutor, the prosecutor applied for the amendment of the indictment to the effect that the previous facts charged are modified as stated in the revised facts charged (the purport of changing the place of crime in the facts charged that was found not guilty from "the place of crime in which the victim D's family relationship is located" to "the house of the defendant). Since this court permitted the amendment, the judgment of the court below is no longer maintained.

(2) In the revised charge, on April 201, 201, the Defendant: (a) was a gathering room with the victim D’s friendship in Sacheon-si, Sacheon-si; (b) did not steals the victim’s 80,000 won, which was placed in the room E, on the room floor; and (c) induced Abdones by deceiving Abdo, and deposited 42 million won as the head of his father I, but again, he was the victim.

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