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(영문) 울산지방법원 2019.08.23 2019노353

명예훼손등

Text

The judgment below

The guilty portion shall be reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant (as to the crime of defamation in the original judgment), without recognizing any false fact, made the statement to G as stated in the facts constituting the crime in the original judgment. Although the defendant's speech to G is not recognized as having no possibility of dissemination, the court below found him guilty as to the part that the defendant damaged the reputation by pointing false facts to G, it erred in the misapprehension of legal principles or erroneous determination of facts.

B. Prosecutor 1) On the ground that each of the above statements made by the victim E, witness B, C, and D, which correspond to the facts charged as to the acquittal part of the judgment of the court below, is not recognized as credibility even when its credibility is recognized, the judgment of the court below which acquitted the defendant as to the part that the defendant damaged the honor of E by pointing out false facts against B, C, and D is erroneous in the misapprehension of legal principles or in the misapprehension of legal principles. 2) The sentence imposed by the court below of unfair sentencing on the defendant (three million won of fine and one year of suspended execution)

2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles

A. The summary of the charges of defamation in the part of the judgment below is that the defendant is the head of the F apartment village in Ulsan-gun, Ulsan-gun, and the victim E is a resident of the same apartment as the defendant, who had resigned from the election day ( February 12, 2017) before the election day.

On January 2, 2017 and February 2, 2017 of the same year, the Defendant had been leading to an election for this Chapter, and at the conference room of the F apartment management office of Ulsan-gun, Ulsan-gun, the head of the apartment management office, “E from the candidates for the head of the village at once had a criminal record of his/her past election and had been able to be four and he/she had been scood at the same time,” and “No way exists to confirm whether he/she will have a criminal record of this Chapter or not,” and even around February 14:40, 2017, he/she made a telephone conversation with G and made the aforementioned purport.