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(영문) 인천지방법원 2017.11.24 2017노1242
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged, did not err by impairing the honor of the victim.

Nevertheless, the judgment of the court below which convicted the defendant as evidence of the victim C and F's statement, etc. is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the credibility of the statement should be assessed in light of the following: (a) whether the content of the statement itself conforms to the logical rationality or empirical rule; (b) whether the statement conforms to the witness evidence or a third party’s statement before and after taking an oath of a judge; and (c) the appearance or attitude of the witness who is entering the witness in the open court after taking an oath; and (d) whether the witness’s statement was credibility after directly observing various circumstances that make it difficult to record in the witness’s statement, including a penation of the statement, should be assessed (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2012Do2631, Jun. 28, 2012; and (b) whether the statement conforms to the witness’s testimony in the witness’s statement made in the open court (see, e.g., Supreme Court Decision 201207Do1781.).

shall be deemed to be.

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