Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) Defendant made the same remarks as indicated in the facts charged with the intent to resist the victim’s explanation and questioning about the demand for resignation. Therefore, there was no intention of defamation.
2. The Defendant also asserted the same purport in the lower court, and the lower court, on this point, deemed that the Defendant, not merely passively discovered the facts of defamation in the course of responding to the demand for confirmation, was a voluntary and active statement of the same facts as the facts stated in the facts charged in the instant case beyond a simple answer given to the opportunity to answer the demand for confirmation, and thus, was aware of the fact that the Defendant could impair the honor of the victim of Ghana.
As such, the defendant had a criminal intent to impair the victim's reputation.
In determining the above argument of the defendant, the defendant rejected the above argument and found the defendant guilty of the facts charged of this case.
The judgment below
Examining the text closely and closely, the judgment of the court below is just and acceptable, and the following circumstances are acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim did not have any legal conclusion as to the facts referred to by the resident representative meeting at the time, and the victim did not talk about personal matters.
“.....” The other participants present at the above meeting are as follows: (2) The Defendant is why the talk between the Defendant and the victim is made at the representative meeting of the apartment occupants.
The personal work refers to the following purport: ③ Nevertheless, the Defendant continued to file a complaint with the victim, and even if the Defendant made a statement like the facts charged, it can be sufficiently recognized that the Defendant’s reputation was undermined by pointing out facts, and the intent of defamation is to commit defamation.