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(영문) 대전지방법원 2021.02.03 2020노676
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding of facts, did not have made a statement to members E, I, J, K, F, and M as described in the facts charged, and even if so, made such a statement.

Even if the victim and the members of the alpine society were to have an intentional act of defamation in light of the overall context of a statement made during the process of questioning about the authenticity of the statement.

Although it is difficult to see difficulties, the judgment of the court below that found all of the facts charged in this case guilty of each of the remaining facts charged, which are believed to be less reliable only by witnesses of the court below on different premise, is erroneous in the misapprehension of facts, which affected the conclusion

B. (misunderstanding the legal principles on Articles 6 and 7 of the facts charged) No. 6 of the facts charged, the Defendant’s speech cannot be deemed as a content that impairs the victim’s reputation. However, the part that “the victim supplied a female to the drinking place” is merely the Defendant’s subjective evaluation rather than the statement of intention, and thus, it is difficult to deem that the crime of defamation is established.

2) In the Defendant’s statement as stated in Article 7 of the facts charged, the part that “the husband of the victim has winded, women who have winded and slick at one house of the victim” is merely hard to deem as defamation against the husband of the victim, but it cannot be deemed as defamation against the victim, and it cannot be deemed as defamation because it is unclear what meaning the victim sleeps with the winded female and slick.

3) Nevertheless, the judgment of the court below which found the above facts charged guilty on different premise is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

(c)

Even if the sentencing is not unfair, the defendant is the first offender who has no criminal history, but U.S. members are the defendant.

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