beta
(영문) 제주지방법원 2013.07.04 2012노452

명예훼손등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. On February 23, 201, with regard to mistake of facts or misapprehension of legal principles, the defendant visited the victim D's house in order to harvest the party under his/her control, and only out of the house only after he/she harvested the party under his/her command and return to his/her house after he/she had harvested the party under his/her command.

There shall be no person who has received the Gu.

The entry into a party room to manage and collect the person who is the party is a legitimate entry.

As to each defamation, in the G Elementary School principal office where the victim works, the assistant principal, or the assistant principal, only requested the son to allow the son to participate in the draft of the house, and there was no speech that could impair the honor of the son, and there was no performance.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts or misapprehension of legal principles, the court below found the defendant guilty of this part of the facts charged, and it is difficult to view the defendant's act as an act acceptable in light of social norms when considering the relationship between the victim and the defendant who has significantly aggravated appraisal due to inheritance dispute, etc. 2). The victim demanded that the victim go out of the house because it is not good due to a dispute between the defendant and inheritance, etc., and the victim's birth E does not go out of the house. The victim's birth must go out of the house. The victim's birth E remains in five minutes and does not go out of the house, and the defendant does not go out of the house. However, the court below's testimony and statement of the witness at the court by duly adopted and examined by the court below as to defamation.