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(영문) 대전지방법원 2016.12.01 2016노855

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) D (hereinafter “instant commercial building”).

() According to Article 38 of the Management Rules, miscellaneous revenues are used only for the repair of major facilities, environmental beauty, etc., but the victim erroneously executed public funds such as using miscellaneous revenues as meal expenses. As such, the Defendant’s miscellaneous revenues are “the cases of public funds erroneously executed and erroneously executed” as stated in the instant charges (hereinafter “instant printed items”).

(2) The Defendant did not state false facts, but distributed the instant printed matter for the overall interest of the instant commercial building in order to correct erroneous practices related to the execution of management expenses in line with the objective truth. The purport of the content stated in the instant printed matter is that “the head of the management office made a prior report to the president or carried out a meeting of the management office at will without obtaining approval by the disbursement resolution, etc.” The important part is difficult to be deemed to be false even if there is a difference between the objective truth and the truth. 2) The Defendant distributed the instant printed matter for the overall interest of the instant commercial building in the course of performing the position of the president of the business

3) Nevertheless, the lower court’s judgment that found the Defendant guilty of the instant facts charged erred by misunderstanding of facts and misunderstanding of legal principles. B. The lower court’s sentence against the Defendant of unreasonable sentencing (a fine of KRW 700,000 is too unreasonable)

2. Judgment on misconception of facts and misapprehension of legal principles

A. The judgment of the court below also asserted the same purport as this part of the grounds for appeal, and the court below did not fully report to the president the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the inducement of this case, to the president.

After seven months, a report on settlement of accounts is filed.

참조조문