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(영문) 인천지방법원 2016.10.27 2016노824
명예훼손
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the guilty part of the lower judgment, the Defendant made the statement as described in the facts charged in this part of the facts charged in the course of following the Defendant’s her husband’s influence to D and discussions with each other, and the Defendant did not have the intention of defamation, and the horses were not false, nor did they have the possibility of public performance or dissemination.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts and misapprehension of legal principles.

B. In relation to the non-guilty portion of the lower court by the Prosecutor, the evidence submitted by the Prosecutor, including G’s statement and recording (No. 45 of the evidence record), can be found guilty of this part of the facts charged.

Nevertheless, the lower court rejected the credibility of G’s statement, and found the Defendant not guilty of this part of the facts charged by reliance on the statements of F and D without credibility, and thus, there is an error of misunderstanding of facts.

2. Judgment on the grounds for appeal by the defendant

A. On March 20, 2012, the summary of this part of the facts charged was clearly confirmed as to whether the victim C was infinitely in a non-finite place, but there was no doubt as to whether the victim C was infinitely infinite relationship with the husband of the Defendant, and therefore, the Defendant damaged the victim C’s reputation by openly pointing out false facts, stating that “The victim C was not infinite with the husband of the Defendant, and that, if the victim C was not infinite, the 4th must be infinite, the 5th must be infinite, the 5th male, the 5th female who was infinite, and the 19th female who was infinite, the 5th male and the

B. The public performance, which is the constituent element of the crime of defamation 1, refers to the state in which many and unspecified persons can recognize it. Although one person has distributed facts individually, if there is a possibility of spreading them to an unspecified or unspecified person, the requirement of public performance may be satisfied, but there is no possibility of spreading them against the contrary.

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