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(영문) 수원지방법원 2013.10.31 2013노1304

명예훼손

Text

The judgment below

Among them, the part against Defendant A and B and the part against Defendant C (including the part not guilty in the grounds of appeal) shall be respectively.

Reasons

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

A. In the case of defamation on August 14, 2009, Defendants (1) 1 and misunderstanding of legal principles against the Defendants: (a) there is no fact that the Defendants led the press conference; (b) there is a considerable reason to believe that the facts indicated in the press conference, etc. are true or true; (c) defamation against Defendant C on September 10, 2009; and (d) defamation on October 1, 2010; (b) there is no subjective opinion that there is a certain suspicion, not a statement of fact, or it is merely an exaggeration of objective fact; and even if there was a statement of fact, there is considerable reason to believe that the fact is true or true. Accordingly, all of the facts charged are not proven or there is no evidence of a crime under Article 310 of the Criminal Act, but there is an error of law by misunderstanding of facts and misunderstanding of legal principles.

(2) The lower court’s sentence against the Defendants on unreasonable sentencing (Defendant A and B: a fine of one million won, Defendant C’s imprisonment with prison labor for six months, and two years of suspended execution) is excessively unreasonable.

B. A prosecutor (1) misunderstanding of facts and misunderstanding of legal principles (including the part of innocence against the defendant C) ① on February 8, 2010, Defendant C had an important position among the persons present at the press conference and made a statement directly constituting defamation. ② In the case of defamation on August 14, 2009, and on September 10, 2009, the Defendants secured the internal materials (hereinafter “O”) of the victim C Co., Ltd. (hereinafter “O”) from among the materials that Defendant C had a malicious sentiment against the victims in relation to the broadcast contribution, and used incomplete and not properly verified materials.

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