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(영문) 광주지방법원 2018.07.19 2017노4108
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not defame the victim E by spreading false facts about the victim E on June 10, 2016 and June 11, 2016.

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the lower court, including the statements, etc. at G, F, and E’s investigation agencies and the lower court in relation to the crime committed on June 10, 2016, the Defendant, as stated in the lower court’s holding on June 10, 2016, he/she may recognize the fact that “the money managing the apartment at the time when he/she collected money with his/her long-term collection right is KRW 250,000,000,000.” The Defendant’s assertion on this part is insufficient to reverse the fact of recognition.

B. According to the evidence duly admitted and examined by the court below and the court below, including the statement at H and K investigative agencies and the court of the court below in relation to the crime committed on June 11, 2016, the defendant can be found to have undermined the victim's reputation by spreading the false fact that "E is a person who is 200 million won or drink of apartment management expenses, and is a resident, and thus a resident has affixed the mark" as stated in the judgment of the court below on June 11, 2016. The defendant's assertion on this part is insufficient to reverse the above facts of recognition only with the statement at J and I. The defendant's statement is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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