(영문) 서울동부지방법원 2020.02.07 2018노1787

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(영문) 서울동부지방법원 2020.02.07 2018노1787

명예훼손

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant had not existed at the time and place indicated in each of the facts charged of this case, and made a statement that defames the honor of the victim.

The direct evidence of this case is limited to the testimony of B and I, and the remainder is limited to multiple indirect evidence, and the statement of B and I is not reliable.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) Of the facts charged in the instant case, the co-defendant B’s co-defendant B’s statement (defendant 1-A, B-B) is direct evidence, and only the Defendant’s sole criminal conduct part (defendant 2-A, B-B) is direct evidence, and the credibility of B-I’s statement is acknowledged, taking into account the following circumstances acknowledged by the health care unit, the lower court, and the first instance court’s judgment, and the evidence duly adopted and investigated by the trial court, as to the credibility of B’s statement, the credibility of B’s statement is recognized (joint criminal conduct part). B made several statements from the investigative agency to the lower court and the trial court, and the summary of the statement was “B” while serving as the Defendant’s driver, the Defendant was aware that the victim was sexual intercourse with the Defendant, and that the victim was sexual intercourse with the victim and that the victim was maliciously sexual intercourse with the victim.

B served as a main part of the equipment on the side, and around springing in 2013, the Defendant and B filed a complaint from the victim, which led to two times as stated in this part of the facts charged.

At the time, it is the method for the defendant to continue to make a claim as if the defendant had sexual intercourse with the victim. This part of the facts charged is the method for responding to the case of complaint.

유사 판례

-서울고등법원 2019.10.10 2018노3420

-서울고등법원 2019.11.01 2018노3514

-서울남부지방법원 2020.12.14 2020노948

-광주지방법원 2015.02.04 2014노372

-대전지방법원 2013.08.21 2013노22