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(영문) 수원지방법원 2015.05.13 2014노2803
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor’s summary of the grounds for appeal by the prosecutor, the Defendant had the intent to impair the reputation of the victim at the time of the instant speech, and the Defendant’s speech was likely to spread to an unspecified or many unspecified persons, thereby sufficiently recognizing the performance.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.

2. Determination

A. The lower court found the Defendant not guilty of this part of the charges on the grounds that the evidence submitted by the prosecutor alone with respect to the part of the Defendant’s remarks against G and I was insufficient to acknowledge that the Defendant had an intentional intent to impair the victim’s reputation, and that there was no other evidence to acknowledge this, the evidence alone submitted by the prosecutor with respect to the part of the Defendant’s remarks against G is insufficient to recognize that the Defendant could spread the horses from the Defendant to an unspecified or many unspecified persons, and that there was no other evidence to acknowledge this.

In light of the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable, and there is no violation of law as alleged in the grounds of appeal.

In addition, there is no difference between the crime of defamation and insult in terms of the so-called external reputation, which is a social evaluation of the value of a person. However, defamation is different from defamation, which requires infringement of honor by publicly alleging specific facts that may undermine a person’s social evaluation, and is not specific, but is not a simple abstract judgment or an expression of sacrific sentiment, which impairs social evaluation as an expression of

(see, e.g., Supreme Court Decision 87Do739, May 12, 1987). The background leading up to the Defendant’s statement, recognized by the record, of the instant case.

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