(영문) 서울남부지방법원 2013.05.23 2013노83

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(영문) 서울남부지방법원 2013.05.23 2013노83

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the legal statement of the witness E of the lower court in misunderstanding of facts or the statement "Naman's stories" written by D, it can be sufficiently recognized that the Defendant damaged the honor of E by pointing out false facts that E was assaulted by E on his own house, even though the victim E did not assault D on December 9, 2011, as stated in the facts charged in the facts charged in the instant case.

Nevertheless, the court below judged the defendant not guilty of the primary charges of this case on the basis of the witness D's testimony which is difficult to believe, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court found the Defendant guilty of the instant conjunctive charges and found the Defendant guilty of the instant conjunctive charges on the grounds that the sentence imposed on the Defendant (the suspended sentence of two million won of a fine) is too unjustifiable.

2. Determination

A. (1) In light of the principle of court-oriented trials and the principle of direct examination of facts concerning the primary facts of this case, there are special circumstances to deem that the first instance court's determination on the credibility of the statement made by the witness of the first instance was clearly erroneous in light of the contents of the first instance court and the evidence duly examined by the first instance court, or the first instance court's determination on the credibility of the statement made by the witness of the first instance court is clearly unfair in full view of the results of the first instance court's examination and the results of additional examination of evidence made by the time of the closing of argument in the appellate court, unless there are exceptional cases where it is deemed that the first instance court's maintenance of the first instance court's determination on the credibility of the statement made by the witness of the first instance is remarkably unfair.

(See Supreme Court Decision 2007Do2020 decided May 11, 2007, etc.). (2)

참조판례

-대법원 2007. 5. 11. 선고 2007도2020 판결

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