beta
(영문) 창원지방법원 2017.07.13 2017노321

명예훼손등

Text

The judgment below

The guilty part 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. Defendant 1) The Defendant’s misunderstanding of facts (as to the guilty part) or intimidation was a fact that the Defendant sent a text message to the victim as stated in this part of the facts charged, but this was merely an act to resolve the issue of monetary relationship between the Defendant and the victim, and did not have an intention to threaten the victim.

B) The Defendant, at around May 4, 2015, did not infringe the victim’s reputation by making the words indicated in this part of the facts charged at G clothes stores operated by H, around May 4, 2015.

(2) On October 2015, the Defendant did not find any fact in the skin management room operated by the victimized person, and even if sought, there was no fact that the Defendant defames the injured person by making the words as indicated in this part of the facts charged.

2) The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

B. Prosecutor 1) The victim’s statements and statements of K and N are not clear as to the misunderstanding of facts and misapprehension of legal principles (with respect to the non-indicted part of the crime), but this part of the facts charged is attributable to the difference between the time of occurrence of the facts charged and the time of the statement, and in full view of other submitted evidence, the defendant may be recognized as having committed the same act as the facts charged.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination:

A. As to the Defendant’s assertion of mistake as to the Defendant’s facts, the lower court argued to the same purport as above, and the lower court also asserted as to this part of the facts charged, namely, the following circumstances that may be acknowledged by evidence: (a) the content of the text message sent by the Defendant to the victim is that the Defendant and the victim would be aware of the victim’s husband and his family members without giving money; (b) the text message sent 38 times during the period of 3 months; and (c) the Defendant sent the text message as above.