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(영문) 대구지방법원 2019.05.14 2018노4906

명예훼손

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. If it is discovered that the person who filed a civil petition was victims in the audit and inspection of the Daegu-gu Office for misunderstanding of facts, the Defendant stated the true facts.

There is a justifiable reason to believe that a person who filed a civil petition is not the victims, the victims have filed a civil petition.

Nevertheless, the court below erred by misapprehending the legal principles as to this part of the judgment of the court below.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of four million won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts admitted by the court below by comprehensively taking account of the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, the defendant may sufficiently recognize the fact that the defendant defames the victims by pointing out false facts.

① The Defendant posted a notice to the following purport on the B choir G bulletin board:

(hereinafter referred to as "the notice of this case"). The author has notified all members of the problem about the date of this case until now, and the parties have caused the problem have arranged the contents to be known to him/her that he/she will become aware and leave. Three civil petitions presented in the B-Gu Office Audit and Inspection (i.e., a person who is not a B's residence) are admitted as a member.

(2) 50,00 won paid to members as reward on the day of the general meeting had an effect on the election of the head.

③ The head of the group offered C both share as gift gift.

I have the honor to accept the charge.

The author thought that DC is not qualified as a choir member, regardless of its absence in writing, I had held a meeting prior to the curriculum in the present time.

I have been in the center of several problems, as we know that all DCs are not members.

Korean officers, including the leader, gather opinions from those who are not qualified as members of the group, and at the same time grouped persons with pawned.