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(영문) 부산지방법원 2012.12.27 2012노86
명예훼손
Text

The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not make a statement as stated in the facts charged in this case, the lower court found the Defendant guilty of the facts charged in this case, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Even if it is not an unreasonable sentencing decision, the lower court’s sentencing (fine of KRW 300,000) is too unreasonable.

2. Determination

A. (1) As to the assertion of misunderstanding of facts, the summary of the facts charged in the instant case and the summary of the facts charged in the instant case’s judgment by the lower court are as follows: (a) the Defendant around 07:00 on March 5, 201, Nam-gu K in Busan (hereinafter “instant bath”).

) In fact, even though the victim C did not have a marital relationship with the majority of unspecified men, the victim’s reputation was damaged by openly pointing out false facts, and the court below found the victim guilty on the basis of C and D’s legal statement. It found the facts charged of this case on the basis of C and D’s testimony that “this year was wherein 20 to 30 customers listen to the aging and the young gue, the aged gue, and the past was revealed.”

(2) (A) The burden of proving the facts charged in a criminal trial lies on the prosecutor, and the finding of guilt must be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(B) Each statement in C and D’s original court was made as evidence that appears to be consistent with the fact that the Defendant made a patently the statement as indicated in the facts charged of this case, and C are present at the lower court’s court. However, C are present at the Defendant’s seat on the bath of this case and the lower court’s side.

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