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(영문) 춘천지방법원 강릉지원 2014.04.02 2014노16

명예훼손

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the guilty part of the judgment of the court below, it is true that the defendant stated the same as the facts charged, but it is true that the victim embezzled operating expenses while he was employed as the senior citizens' president of the Seocho-si apartment (hereinafter "the apartment of this case"), and the defendant revealed the truth for the public interest.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. As to the part not guilty in the judgment of the court below, according to the victim and E’s statement, it is proved that the defendant injured the victim’s reputation by openly pointing out false facts on January 10, 2013.

Nevertheless, the judgment of the court below which acquitted the above facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

Dob. The sentence of the lower court on the grounds of unreasonable sentencing (the fine of 3.5 million won) is too unhued and unreasonable.

2. Determination

A. On February 21, 2013, the judgment of the defendant as to the defendant's assertion that "the defendant made a false statement with the purport that the victim embezzled operating expenses for the elderly's dwelling on the part of the council of occupants' representatives, thereby impairing the honor of the victim." As to the facts charged, the court below stated that ① the defendant filed a lawsuit claiming return of unjust enrichment against the victim, etc. on the ground that the defendant unduly executed the operating expenses of the apartment, but was sentenced to the dismissal decision on July 1, 2009. ② the defendant requested the inspection of the subsidies of the elderly's association at the early time around 201, and the defendant demanded on October 14, 201, that the defendant requested the inspection of the subsidies of the elderly's association at the early time of 201." The defendant responded to the purport that "There are some problems such as omission of receipts in the management of operating expenses of the apartment's association in this case, but it is difficult to apply strict accounting standards."