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(영문) 의정부지방법원 2020.10.15 2020노184

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the misapprehension of the legal principle stated in the facts charged, it is true that the victim's employees c center in which the victim is working by telephone, and made a statement to the victim's employees c center as described in the facts charged, it cannot be evaluated as speaking to many and unspecified persons. The dissemination of the content from the defendant may constitute a separate crime of defamation. Therefore, there was no possibility of dissemination.

Therefore, the court below erred by misapprehending the legal principles as to the public performance of defamation, which affected the conclusion of the judgment, although the defendant cannot be recognized as performing the above act.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. The summary of the facts charged in the instant case is a disease infected by a victim of the instant crime on the ground that the Defendant organized the relationship between the victim B who was enrolled in the police for about two years on July 2018 and did not receive contact, and that the victim “human-bomb virus” is a disease infected with a virus that mainly causes the bomb type (in substitution, the bombomb in the upper part of the surrounding part of the reproductive organs, and the bombambomb and the bombambomb in the event of time) to a person.

The victim notified the C Center (hereinafter referred to as the "Center") which is the workplace of the victim, and called the victim's disease to the members of the staff of the victim who had been working there through three times as follows.

1. On August 6, 2018, the Defendant: (a) was a patient suffering from the sexual disease of the victim, the vice head of B, who was working for the Center by walking a telephone at the above center at the site of the game in which the game was in progress; and (b) the victim’s workplace who was working for the Center.

The face of the face changes because it is caused by a sexual disease.

In order to work for the service department, patients suffering from sexual illness are forced to work for the service department.