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(영문) 춘천지방법원 2018.12.07 2018노683
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not sufficiently prove that the Defendant’s oral statement is false, and the Defendant did not have any intent to impair the honor of the victim, and the Defendant’s oral statement did not have any possibility for H and I to spread the content thereof. Therefore, performance is not recognized.

2. The Defendant also asserted the same purport in the lower judgment.

In full view of the circumstances properly explained by the lower court and the following circumstances recognized as the result of the examination of evidence, the Defendant’s assertion is difficult to accept.

① The content of the statement identical to the facts stated in the lower judgment was the fact that the victim made the victim feel a sense of sexual humiliation and insult, and affected the victim’s social assessment, and the statement was not completely confirmed as to whether the content of the statement was true.

Nevertheless, the defendant took a very fatal view to the fact that the defendant can be treated as a very fatal name for the victim.

In light of the defendant's age, social career, circumstances in which such statement was made, situation at the time of conversation, etc., the defendant was also fully aware of such fact.

I seem to appear.

② In dividing the dialogue with Defendant and I, H stated to the effect that “I heard that a male employee shows sexually dynamics to female employees’ sexual dynamics with the surrounding audience, and asked the victim’s whether he/she is also a victim, and during that process, the Defendant made a statement identical to the facts stated in the lower judgment.”

In light of these circumstances, it is difficult to apply this case to the case where the Supreme Court precedents asserted by the defendant, namely, to confirm whether the defendant discovered defamation facts.

(3) The parties who divide the conversation with the defendant and those who appear in the statement of the defendant are both in the same workplace and the defendant and H.

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