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(영문) 인천지방법원 2013.07.05 2013노1091
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, in the currency with F, did not speak F as stated in the facts constituting a crime as indicated in the judgment below, and rather, said F did not speak as to the question about the victim.

Nevertheless, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty based on the testimony of F, etc. without credibility, thereby adversely affecting the conclusion of the judgment.

2. We examine the following circumstances that can be recognized by the evidence duly admitted and investigated by the court below. ① At least F has consistently stated that the defendant made the same speech as the facts constituting an offense in the court below's judgment during investigation agencies and at least the conversationss himself/herself at the court below. ② At the time he/she first made the above speech at the court below, and thereafter, the defendant made the call to himself/herself at the court below, and again made another statement to the victim. According to the inquiry about each communication officer, the defendant made the first call to F and 5 minutes at the court below on March 3, 2012 and the first call to F and 31 minutes at the court below on March 16, 2012 (the trial record 49 pages), but the F made the above statement to the defendant at the court below on March 16, 2012 at the court below's 20:31 minutes at the court below's first time and 31 minutes at the court below's first time on March 4, 201201.

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