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(영문) 광주지방법원 2019.01.30 2018노2372
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the defendant made the same remarks as the facts charged before the victim's residence, the court below found the defendant guilty on the basis of G's testimony, etc. which did not directly witness the case in the family between the victim and the victim in conflict with the defendant. There was an error of law by misunderstanding the facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, the witness G of the lower court: (a) stated that the Defendant was able to make the statements identical to the entries in the instant facts charged by the victim; and (b) the victim took a face of the video file in the CD submitted by the investigative agency as to who was able to make the Defendant’s speech as described in the instant facts charged; and (c) the Defendant could sufficiently recognize the fact that the Defendant had damaged the victim’s reputation by making the words as described in the facts charged at the date and place indicated in the instant facts charged, such as the time and place indicated in the instant facts charged, and thus, the Defendant’s assertion of mistake of facts is without merit.

B. In full view of the facts that the Defendant did not reflect the instant crime, that there was no same criminal power except for the punishment of a fine for a dual-class crime, and that there was no change in the sentencing conditions compared to the original judgment, as well as the various sentencing conditions indicated in the records and arguments, the lower court’s sentence is unreasonable and unreasonable. Therefore, the Defendant’s assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit.

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