logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.05.30 2017노3909
모욕등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s insult, the Defendant did not see D at the time and place indicated in this part of the facts charged, and did not see D as stated in the facts charged.

2) As to defamation against D, the Defendant misunderstanding the fact that “B” was false from G to read “B”.

There is only a fact to E, and there was such a statement from the victim D.

There is no fact to E.

Therefore, there is no fact that the defendant has impaired D's honor.

B) misunderstanding of the legal principles (1) The expression “D,” which reads that “I tried to say that I would like to say that I would have high level of sexually high level and that I would have recorded in Handphones,” does not in itself impair D’s honor.

(2) Since E actively made a statement as stated in this part of the facts charged during the process of confirming the factual relations with the Defendant, it is difficult to recognize the Defendant’s criminal intent of defamation against D.

(3) Considering the personal-friendly relationship between E and D, E is less likely to spread the Defendant’s speech to a third party.

As such, performance cannot be recognized.

B. In light of the fact that the prosecutor (as to defamation against B), after hearing the phrase “the Defendant would immediately make a bruth of this case” at a gathering, and the Defendant asked the Defendant for why he would make a speech or why he would make a statement to E, the court below erred by misapprehending the legal principles and misunderstanding the fact that the Defendant was guilty of defamation against B.

2. Judgment on the defendant's assertion

A. Although the judgment of the court below also asserted the same purport, the court below found the defendant guilty of this part of the charges by integrating the evidence duly adopted and examined.

arrow