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(영문) 대전지방법원 2013.04.25 2012노2467
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

As stated in the facts charged of this case, since the defendant made each statement that impairs the reputation of the victim, the judgment of the court below convicts the defendant, which affected the conclusion of the judgment by misunderstanding the facts.

Even if the defendant made each statement that impairs the reputation of the victim as stated in the facts charged in this case, the elements of the crime are denied because it is not a performance, and it does not mean to many and unspecified members at the time of this case. ② The victim's mistake is made in the process of following the victim's mistake, and thus, it constitutes a legitimate act that does not violate the social rules, and thus, the illegality is excluded. Thus, the judgment of the court below which convicted the defendant of this part of the facts charged, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court, namely, ① in the situation where there are several senior citizens in the center of senior citizens in this case at the time of each of the instant crimes, the Defendant stated in the lower court or the first instance court that the victim was “Nevis” in relation to the admission of the center of senior citizens in this case. These statements are relatively specific and consistent with the contents of the statement, the circumstances leading up to the statement are natural, and there are no circumstances that may lead to the occurrence of falsity, and ② even according to the statement by the police officer JJ, which was dispatched to the site of this case, there was a dispute between the Defendant and the victim in the center of senior citizens in this case at the time stated in paragraph (2) of the criminal facts in the lower judgment.

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