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(영문) 의정부지방법원 2016.04.12 2015노3261
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have made a statement that defames the victim D, as stated in the judgment of the court below.

2) On October 21, 2014, a statement made on October 21, 2014, was made at the level corresponding to the victim’s wife E’s desire to take a view to the Defendant, and led the victim’s wife to make a statement that damages the victim’s reputation. Thus, the crime of defamation is not established.

3) On August 13, 2014, even though the victim E had expressed a desire to respond to the victim E’s bath, since it did not hear another person, the crime of insult is not established.

B. The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Determination

A. On February 2014, Defendant’s assertion of misunderstanding of facts is based on each of the legal statements of H, F, and E by the witness H, F, and E of the lower court. On May 2, 2014, defamation around June 2, 2014 by the witness H, F, K, and E of the lower court’s witness’s testimony, and defamation around June 10, 2014 by the witness H’s legal statement of the lower court. On October 21, 2014, by the witness K’s testimony of the lower court, defamation around October 21, 2014 by each of the witness K, and E of the lower court’s testimony of the lower court. Since defamation around October 24, 2014 is sufficiently recognized by each of the legal statements of the witness H, E of the lower court, the Defendant’s assertion is without merit.

2) As seen earlier, the Defendant made several times prior to October 21, 2014 a statement that defames the victim’s reputation. The above victim’s wife led the Defendant to make a statement that impairs the victim’s reputation, and thus, the Defendant’s assertion that the crime of defamation is not established is without merit.

3) It is recognized that the Defendant expressed a desire to the victim E on August 13, 2014. As such, the Defendant’s above assertion by the Defendant is without merit.

B. Determination on the unfair argument of sentencing 1) The Defendant’s representative meeting of apartment occupants.

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