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(영문) 부산지방법원 2017.07.14 2017노283

명예훼손

Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles, and improper sentencing)

A. Since misunderstanding of facts and misunderstanding of legal principles received money from apartment-related companies, the Defendant’s act of attaching a notice of the result of a meeting of the committee for election management does not constitute a false statement of fact.

B. The act of the defendant is limited to the act of the defendant as the chairman of the apartment election management, and its illegality is excluded because it is solely related to the public interest.

B. The lower court’s punishment (an amount of KRW 500,000) is too unreasonable to deem the sentencing unfair.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of the facts charged is that the Defendant is a person who is in charge of the office of the chairperson of the Busan Northern-gu C Apartment-gu Election Management Committee from November 1, 2015 to October 31, 2017.

On December 29, 2015, the Defendant, as a representative of the Dong 209 unit, was in charge of a management director of the tenant representative council as the representative of the Dong 209 unit, and on November 30, 2015, the victim D, registered as a candidate for the election of the chairperson of the tenant representative council in 2016, received money and valuables from the apartment-related company. However, despite the fact that the victim D received money and valuables from the above apartment-related company, the Defendant damaged the honor of the victim by publicly attaching “public notice of the result of the meeting of the Election Management Committee” on the 11th bulletin board and the elevator inside the above apartment: the qualification examination and resolution of the qualification for the representative of the D candidate: the qualification examination and resolution of the representative of the candidate: the deprivation of the qualification for the representative of the representative of the

B. The lower court found the Defendant guilty of the facts charged on the grounds of its ruling.

(c)

1) The following facts can be acknowledged according to the evidence duly adopted and examined by the lower court.

① On February 25, 2015, when the victim D was working as a management director of the representative council of occupants of the apartment complex (hereinafter “the apartment of this case”) as stated in the facts charged, the victim D was holding the event of the spring crym crym crym crym crym crym crym crym crym