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(영문) 서울동부지방법원 2014.11.20 2014노1152
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is evidence without credibility, even though the defendant made the statement of the facts charged against E (hereinafter “the instant statement”) to the security guards, E did not speak the said statement to any other person, and E did not explicitly indicate that the defendant’s father and son were victims C. The “written confirmation of facts in the name of G”, which the court below decided as evidence of guilt, did not confirm the contents of G with the unilaterally prepared and signed by C. Even if the defendant made the instant statement, the above statement does not infringe on the social value or evaluation of C, and thus does not constitute defamation crime.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of

2. 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 court’s examination and the results of additional evidence examination conducted until the closing of argument in the appellate court, except in exceptional cases where it is clearly 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 the first instance judgment on the ground that the first instance court’s determination on the credibility of a statement made by a witness of the first instance court differs from the judgment made by the appellate court.

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