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(영문) 광주지방법원 2014.02.19 2013노2351
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not speak of the facts charged, and even if so, such a fact exists.

Even if the defendant's act is not performance and true, it is dismissed as it is for the public interest. Therefore, the judgment of the court below which pronounced guilty is erroneous by misapprehending the facts or by misapprehending the legal principles.

2. In light of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by this court, the Defendant recognized that the Defendant stated false facts as stated in the facts charged in this case, and the above act was performed publicly, and there is no reason to deny illegality under Article 310 of the Criminal Act.

Therefore, the fact-finding and judgment of the court below are just and there are no errors by misapprehending the legal principles, and the defendant's assertion is without merit.

The victim, as stated in the facts charged, stated to the purport that the statement of the facts charged existed from the investigation stage to the original court, was consistent with the Defendant’s statement from the investigation stage to the original court. The credibility is recognized as consistent with the main part of the specific, witness F and G’s respective statutory statements, as well as the specific contents of the case’s occurrence process, situation at the time of the crime, and the Defendant’s specific speech and behavior.

Therefore, it can be sufficiently recognized that the Defendant made the same remarks as the facts charged in the instant case.

B. In determining whether a prosecutor fully bears the burden of proving the falsity of the alleged fact in the crime of defamation by publicly alleging false facts as provided by Article 307(2) of the Criminal Act, not only is it proven that a fact exists actively, but also if the absence of a specific act at a specified period and at a specific place is related to the absence of a specific act, it shall be positive.

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