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(영문) 서울서부지방법원 2011.10.11 2011노82

상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the defamation of Defendant (Deficior) (1), the sending of the documents as stated in the facts charged of the instant case, or there was no intention to commit a crime to recognize false facts or to impair the honor of victims.

(2) As to obstruction of business, the Defendant did not enter the general meeting place with 20-30 male men at the time of entering the general meeting place, and the Defendant and sectional owners, including the Defendant, failed to resolve various suspicions, and the F voluntarily retired from the general meeting place, and thus, the Defendant’s act interfered with F’s business.

shall not be deemed to exist.

(3) With respect to each injury, although there is a fact that K, L and vagabonds were inflicted, there is no fact that there was an injury to K and L, such as the facts charged.

B. The Prosecutor’s sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

2. Determination

A. As to the grounds for appeal by the Defendant, the following circumstances, namely, defamation, which are acknowledged by comprehensively taking account of each evidence duly adopted and examined by the lower court and the lower court, (i) the main contents of each of the documents listed in paragraph (1) of the lower court’s criminal facts that the Defendant sent to the sectional owners, (ii) the Defendant could have known that the main contents of each of the above documents were false or could have been sufficiently anticipated that they were false because there was no objective material for such suspicion; (iii) the obstruction of business; (iv) the Defendant entered the meeting place without confirming whether the Defendant was owned by male and female at the ordinary meeting of the management body; (iv) the Defendant’s behavior took the microphone of the head of the management body F; and (v) the Defendant made a statement without obtaining his/her right to speak.