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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. From the end of April 2018 to the end of May 2018, the Defendant did not have made a statement that may impair the reputation of the complainant on the said date.
In addition, the phrase "credit bad" is difficult to be deemed as an expression that impairs the reputation of the complainant due to value neutrality. Since the persons who were in the office at the time of the above speech are in a relationship with the complainant or a similar relationship, there is no possibility of spreading the above speech.
B. As to defamation on June 4, 2018, the Defendant did not have made a statement that may impair the reputation of the complainant on the above date.
C. Nevertheless, the court below found all of the charges of this case guilty. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly unreasonable considering the results of the first instance examination and the results of additional evidence examination conducted until the closing of arguments in the appellate court, except in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is remarkably unfair, the appellate court should not reverse without permission the first instance judgment on the grounds that the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is different from the judgment made by the appellate court (see, e.g., Supreme Court Decision 2011Do5313, Jun.
Judgment
In light of the above legal principles, the Defendant also held in the lower court.