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(영문) 춘천지방법원 강릉지원 2015.09.10 2015노279
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not impair the honor of the victim by openly pointing out false facts as stated in the facts constituting the crime in the judgment below.

Nevertheless, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.

2. According to the evidence duly admitted and examined by the court below, the defendant's assertion is rejected since it can be recognized that the defendant damaged the reputation of the victim by openly pointing out false facts that "the plaintiff is a old-age system, and the old-age system is being operated in a normal manner as stated in the facts constituting the crime in the judgment of the court below," although the defendant was operated normally as stated in the judgment of the court below.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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