명예훼손
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles1) The Defendant prepared each of the instant documents by pointing out multiple facts and his own idea based thereon. Even if there is a somewhat exaggerated and different content from the truth, it shall not be evaluated that only a part of the instant documents were removed from the overall purport of the timely facts, and the Defendant did not have any intention to defame the Defendant in light of the background leading up to such preparation. 2) The Defendant prepared each of the instant documents at the request of F, the actual personnel personnel of the victim, and delivered them to F, and F sent each of the instant documents to Q, the vice president of J. 1, the employer of the victim.
As such, since each of the documents of this case was delivered only to a specific minority who can be deemed as the personnel rights holder of the victim, it cannot be deemed that the performance meets the constituent elements of defamation.
3) Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so doing, it erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. B. The lower court’s punishment of unreasonable sentencing (2 million won of fine) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. The summary of the facts charged in this case is that the Defendant is an employee of the management office of the apartment B (hereinafter referred to as the “instant apartment”) in Seongbuk-gu, Sungnam-si, and the victim C is the head of the above apartment management office.
On August 8, 2018, the Defendant prepared a document stating “the thickness of the president” and a document stating “the risk management Meet” in the above apartment machine room.
The document "(1)" called "the thickness of the president" refers to "D only that he left had no work and received wages for seven days, and D had not worked in his personal situation until June 18-62, and it is a condition that D had the warden's thickness and education for four cases.