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(영문) 광주지방법원 2017.11.16 2017노804
명예훼손
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The conversation in the facts charged by mistake of facts and misapprehension of legal principles alone cannot be deemed as having made a sexual intercourse with the victim several times, and it does not contain any expression that may undermine the social value of the victim.

In addition, in light of the fact that the conversation in this case was made through one function between the defendant and D members, and the relationship between D members and the victim, there was no possibility of transmitting the conversation to many and unspecified persons, so performance is not recognized.

B. The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly adopted and examined by the court below, the following facts can be acknowledged.

1) The Defendant, the victim, and theO are members of the Internet carpet C, the Defendant “P”, the victim “E”, and theO “D” are the pen name, and they are the enemy who has met several times as the offline.

2) On May 8, 2016, at around 23:30, the Defendant connected the above Internet car page and divided the following conversations using the functions of the main page with O (the facts charged in the instant case are written without distinguishing one horse from the horses of the Defendant). O: E vagac was hedging.

Sicker: At the end of the period

O : Heededly, Irrely

N. The Defendant: The A. B.O. F. H.O. H. H. because there are a lack of compliance; the Centre is not available.

Bhull Defendant : Hear, in the night, even if women who do not do so do so do so are men and women who do not do so, were able to do so, but I knew that it is good if the flick is flick: He did not know that the width was too much.

보다.. 힘보단 기술이지 피고인 : 스킬 ㅎㅎㅎ 웃긴 당 나 여자 경험 많은데 내가 컨디션이 최상일 때는 날밤 깐다

O : A woman benefiting from agriculture is able to do so because it is important to satisfy that it is not very important at night, but the center does not refuse to do so.

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