beta
(영문) 서울서부지방법원 2017.06.15 2016노1333

명예훼손

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of the mistake of fact revealed that ① the victim did not pay the construction cost properly, ② the employees of the victim company stated the true fact that they received golf contact from the Defendant, and thus, the Defendant stated the false fact.

The judgment of the court below is erroneous in finding facts.

B. The lower court’s punishment (one year of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. (1) Examining the expression related to the construction cost among the content of the flag card posted by the Defendant from May 6, 2015 to October 23, 2015, the following: (a) examining the expression related to the construction cost, i.e., the content of the flag card that was posted by the Defendant from May 6, 2015, i.e., the life-long gather property for 4 years, and the construction cost is properly known, i.e., the crime of death and compensation; and (b) i.e., the damage of the entire property 7 billion won; and (c) whether the construction cost was reduced and removed for 4 years after

The phrase, “for four years’ females”, the construction cost shall be removed, concealed, and the subcontractor shall be accused of a person who works in bad faith, and all property shall be accused of by the person who works in the workplace, while conducting an auction.

As seen above, “the entire property was removed, removed,” and this includes an expression that “the construction cost was not paid properly,” and it was read by the victim E, a corporation, either intentionally or intentionally, did not perform the settlement of most subcontract prices.

It is the content that can be perceived.

However, according to the evidence duly adopted and examined by the court below and the court below, the defendant was a representative director of the P Co., Ltd. (hereinafter "Defendant Co., Ltd.") (hereinafter "Defendant Co., Ltd.") (hereinafter "Defendant Co., Ltd.") and the defendant Co., Ltd. (hereinafter "Defendant Co., Ltd.") entered into a written agreement on the settlement of construction cost of KRW 7,367,30,000 between the victim and the defendant Co., Ltd. in relation to the G Co., Ltd., and the victim