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(영문) 대구지방법원 2018.11.16 2018노1776
명예훼손
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal did not state the same remarks as indicated in the facts charged of this case, and the judgment of the court below which recognized the crime of defamation by the statement of false facts against the defendant is unfair (misunderstanding of facts).2.

A. The first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the spirit of substantial direct psychological principle adopted by the Korean Criminal Procedure Act, whether the Defendant made a statement as stated in the facts charged in the instant case or not.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance court is clearly unfair, or considering the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The Defendant asserted to the same effect as the grounds for appeal in the lower court, and the lower court examined E, F, H, and I as a witness of the Federation of Association B (hereinafter “Federation”), other than the victim, as well as the victim, and the E, F, H, and I statement to the effect that the Defendant directly made the same remarks as the entries in the facts charged, and in particular, E, the Defendant’s speech was made on August 24, 2015.

The court below clearly stated that each of the above statements corresponding to the facts charged of this case has credibility.

In view of the facts charged, the Defendant recognized the fact that the Defendant made such remarks at the date and place.

In light of the evidence duly admitted and examined by the court below, each of the above witnesses' statements is considerably reliable and there is no additional evidence to reject them.

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