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(영문) 서울남부지방법원 2014.04.17 2013노1412

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of mistake or misunderstanding of legal principles did not state to F any part of the contents stated in Paragraph (1) of the facts charged in this case, and it cannot be deemed that the Defendant made F and H such remarks as stated in the facts charged, and it does not mean that all of them were false, and that the Defendant was aware that the content was false.

B. The sentence imposed by the court below on the defendant (six months of imprisonment, two years of suspended execution, two years of probation, and one hundred and sixty hours of community service) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of misconception of facts or misapprehension of legal principles, and the witness F’s statement in the third trial record of the party trial, it is sufficiently recognized that all of the facts alleged in paragraph (1) of the facts charged by the defendant to F and the facts stated in the charges that the defendant alleged to F and H are false facts entirely inconsistent with objective facts.

In addition, according to the above evidence, it is reasonable to view that the defendant did not have any objective ground and without taking any confirmation measures, and it was recognized that the statement in the facts charged in this case was recklessly expressed to the members of the child care center, so it is reasonable to view that he did not recognize performance as well as that the statement made by the defendant himself is false at least.

Therefore, the judgment of the court below cannot be deemed to have erred by misapprehending the legal principles or by misapprehending the legal principles as alleged by the defendant.

B. The Defendant’s judgment on the assertion of unfair sentencing may file a malicious civil petition with the competent authority several times without any grounds solely on the ground that the Defendant has an unreasonable appraisal to the victim and leave the child to the said childcare center.