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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is as follows: although the defendant did not know that he had damaged the reputation of the victim at the time of telephone conversations with G, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion
2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the victim, as stated in the facts charged, at the time of investigation by the police and up to the court of the lower court, made a telephone conversation with G and I within the D office on January 21, 2016, and made a statement that impairs the reputation of the victim.
As the statement was made, there seems to be no circumstance to deem that the injured party had made a false statement in a relatively consistent manner, and there is no other circumstance to deem that the injured party had made a false statement in order to gather the defendant, and ② was in the office at the time
I also testified in the court of the court below that the victim's statement is consistent with the victim's statement, and H also made a dispute with the victim with the monetary content of the defendant after the telephone was terminated, although H had different words when the defendant makes a telephone call.
The testimony to the effect that “the time of crime” was stated as “10:30” in the indictment, and the time of crime (the time of crime was stated as “10:30, but the time of crime was corrected as “10:10” in the indictment without changing the indictment in accordance with the facts obtained through the examination of evidence). However, the court below stated that “10:10 or 10:20” at the time of the police investigation; however, the court below stated that “10:10 or 10:20” in the court of the court below, but it was somewhat inaccurate statement about the time when the victim who is not the direct monetary party was made
In full view of the fact that it is difficult to see the overall credibility of the victim's statement, each of the statements of H, E, and I by the witness of the court below.