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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2019.09.20 2018노1315
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors or misapprehension of legal principles) did not impair the honor of the victim.

Since the victim entered into an improper relationship with the husband of the defendant, it is nothing more than finding the victim.

2. In light of the contents of the judgment of the court of first instance and the evidence duly examined in the court of first instance, if there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or if it is not an exceptional case where maintaining the first instance judgment on the credibility of the statement made by a witness of the court of first instance is deemed remarkably unfair considering the results of the first instance and the results of additional evidence examination by the time the arguments are concluded, an appellate court shall not reverse the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by a witness of the court of first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 2006; 2008Do7917, Nov. 30, 2009). The court below found the witness of the court below to be guilty of the facts alleged by the defendant and the witness of each criminal facts presented by the prosecutor.

Considering that the testimony of each of the above witnesses of the court below is specific, consistent, and reliable, and there are no special circumstances to deem that the judgment of the court below was erroneous or that it is considerably unfair to maintain it as it is, the above judgment of the court below is just and the defendant's assertion is not justified.

The defendant's assertion constitutes a justifiable act.

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