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(영문) 광주지방법원 2016.02.02 2015노2201
명예훼손
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, on October 10, 2013, received a phone call from the victim on October 10, 2013, “I am unsanitary, so I am Seoul. I am to the phone.”

The phrase "I ambi." is only made once more than Tuesday, and there is no such words as stated in the facts charged.

2) The Defendant made the same remarks as the facts charged.

Even if there is no situation that other people can hear, performance is not recognized.

B. The punishment of the lower court (150 million won) is too unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. In the facts charged in D around October 10, 2013, whether the victim E was pregnant with her husband and was pregnant at least three times, and even though the victim E was not pregnant with her husband, the victim’s 10 life expectancy, such as F, is “at any time to interview,” when the victim is about 10 persons, including F, even though she was not pregnant with her husband.

- why her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s

The husband's complaint is filed as soon as possible with the husband, and the husband will not be filed with the husband.

"A sound, thereby openly pointing out false facts, thereby damaging the reputation of the victim."

B. Public performance, which is the element of the crime of damaging the relevant legal doctrine and honor, refers to a state in which many, unspecified or unspecified persons can be recognized, and even if a fact is publicly known to an individual, if there is a possibility of spreading it to an unspecified or unspecified person, it satisfies the requirements of performance, but if a person expresses a fact that is likely to undermine his/her social value or reputation by a method that allows only one person to hear, such a story may be disseminated to an unspecified

It cannot be seen that it does not meet the requirements for the composition of defamation, and even if the people voluntarily spread their horses to others, it would affect the above conclusion.

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