beta
(영문) 서울남부지방법원 2016.04.08 2015노1216

명예훼손등

Text

All of the appeals filed by the prosecutor and the defendant B are dismissed.

Reasons

1. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal 1) Defendant A’s remarks made on the tourist bus on May 26, 2013 constituted an offense of defamation since the performance is recognized, and Defendant A’s failure to hold a temporary directors meeting of the fourth Confucian School Foundation on July 30, 2013 constitutes obstruction of duties by force. However, the part of the judgment below which acquitted Defendant A is erroneous in the misapprehension of the facts and the misapprehension of the legal principles.

2) The lower court’s sentence against Defendant B (the suspended sentence of KRW 500,000,000) is deemed to be excessively unhutiled and unfair.

B. 1) Examining the evidence of this case, including the evidence submitted by the prosecutor in the first instance trial, in light of the records, the judgment of the court below on the acquittal of all of the charges on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize this part of the charges is just and acceptable, and there is an error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor in the judgment below

subsection (b) of this section.

2) According to the records on the part on Defendant B, it is acknowledged that ① Defendant B’s alleged contents are related to the conviction of a case in which the victim’s social evaluation can be seriously undermined, and Defendant B made a statement on this matter using microphones within a tourist bus.

(2) However, a considerable number of persons who were in the above tourist bus seems to have been aware of the fact of conviction of the victim, and Defendant B appears to have been aware of the fact of conviction of the victim as one of the negative cases of the case where the victim and D Confucian Schools and H Foundation, the representative of which is the H Foundation, were given a statement of the fact of conviction of the victim. As such, there are circumstances to take certain extent into account in the circumstances of the crime, ③ Other conditions of sentencing, such as the motive, means, method, consequence, and the circumstances after the crime, etc.