(영문) 수원지방법원 2014.08.28 2014노2686 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2014.08.28 2014노2686

명예훼손등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant made a speech that defames the reputation of the victim G or did not assault the said victim; (b) did not assault or threaten the victim F; and (c) made a phone call to the victim L or G, but did not have any intent to cause fears to the said victims.

(M) In addition, the lower court’s punishment (one year and six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. The victim F and G may recognize the credibility of the statement of the above victims by making detailed and consistent statements about the defendant's crime from the investigative agency to the court of the court below. There is no circumstance to suspect that the defendant has forged or altered the content of the recording on the phone to the victim L and G. There is no reason to suspect that the content of the recording on the phone has been forged or altered.

According to the evidence duly adopted and examined by the court below, even though the victim L himself was not I, the defendant continued to use his phone repeatedly to call the victim, and made a false statement to the police station that he was a police officer, or made a false statement to the police station. It is recognized that the victim G had expressed his intention to make the victim G to take a bath at the latest or late time, or to know the relationship with the victim I. In light of the victim's phone time, frequency, and the contents of the speech, etc., it is determined that the defendant made the call with the victim's intent to arouse fear or fear.

Therefore, the defendant's assertion of mistake is without merit.

B. The circumstances favorable to the Defendant are that the Defendant deposited money for the victim F and G in the lower court’s judgment, additionally deposited money in the trial, and that the Defendant agreed with L when it comes to the trial.

However, the defendant commits a crime clearly proven by objective evidence.

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