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(영문) 광주지방법원 2016.05.12 2015노595
명예훼손등
Text

We reverse the judgment of the court below.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Objects of adjudication of this Court;

A. The first instance court found the Defendant guilty of defamation against the victim E, and found the Defendant not guilty of defamation against the victim D with the upper concurrence. The lower court acquitted the Defendant on the charge of defamation against the victim D.

On the other hand, only the defendant appealed against the conviction, and the prosecutor did not appeal against the conviction.

The part of the judgment of the court of first instance which found guilty and the part of the judgment of the court of first instance in a mutually competitive relationship is reversed from the trial of the court of first instance, but that part is already exempted from the object of attack and defense between the parties, and cannot be pronounced guilty by re-examination as to the part not guilty of the above reasons (see, e.g., Supreme Court Decision 2008Do8922, Dec. 11, 2008). Ultimately, the part of the judgment of the court of first instance is limited to defamation against victim E which the court of first instance found guilty.

B. Of the facts charged in the instant case, the second instance court of the lower judgment: (a) stated the Defendant’s wife “Isson’s wife to be a non-place in South Korea.”

The question, “I did not do so to the Defendant.”

2. The Defendant’s wife’s wife’s remarks

The question, "I asked the defendant that he has a female, and asked the author whether he knows such fact."

Therefore, I did not know why why we would ask the author about it, and why we would not know about why we would know about it more in detail.

3. There is no fact that the witness told the wife of the defendant about the fact that the defendant had taken with another woman.

“......”

Recognizing the conviction of each statement as "," and the judgment of not guilty on the remaining facts charged in relation to a single crime with the conviction as a whole.

With regard to this, only the defendant appealed against the guilty part of the judgment of the second instance, and the prosecutor.

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