명예훼손등
The defendant's appeal is dismissed.
1. As to the gist of the grounds of appeal ① defamation, the Defendant’s act is dismissed in accordance with Article 310 of the Criminal Act, on the ground that the Defendant merely pointed out the irregularities of the operating staff of the above union for public interest as the chairman of the C&A’s emergency countermeasures against defamation, and did not indicate false facts.
② As to the obstruction of business affairs, the Defendant merely pointed out the irregularities in the operation of the partnership and does not interfere with the business affairs of the partnership.
Nevertheless, the lower court erred by misapprehending the facts and thereby finding guilty.
2. Determination
A. According to the evidence duly admitted and examined by the court below, the defendant can sufficiently recognize that the statement made by the defendant as stated in this part of the facts charged is false, and the defendant as the defendant has already been issued a provisional disposition order prohibiting the creditor from interfering with or committing defamation in the case of prohibition of business obstruction, etc. and provisional disposition prohibiting the defendant as the creditor, etc. as the creditor, which had already been filed before the case, and the Suwon District Court 2009Kahap501, which had already been filed by the defendant as the debtor. The defendant was sentenced to a fine in Suwon District Court 2010Ma1155, Suwon District Court 2010DaMa1155, which had filed a complaint against the defendant. Unless there is any circumstance to deem that the defendant had conducted adequate and sufficient investigation to verify the authenticity of the statement made by the defendant, it is difficult to view that there is a considerable reason to believe the defendant as true facts. This part of the defendant's assertion
B. According to the evidence duly adopted and examined by the court below, the defendant was not a member of the C Development Project Association as stated in this part of the facts charged, and the power of attorney was granted to the union members according to the procedures determined by the articles of association.