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(영문) 서울북부지방법원 2017.04.21 2016노1814

명예훼손

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not err by misapprehending the legal principles or by misapprehending the legal principles on facts, nor did he make a statement to E or G as described in the facts charged.

Even if the Defendant made a statement as to the facts charged,

Even if the F has expressed his intention not to believe the F's speech, there was no intention to impair the F's reputation.

In addition, in light of the relationship between E and G as a member of the family council such as F, it is not possible for the Defendant to spread to a third party even if the latter speaks as described in the facts charged.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicting each of the charges of this case.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. On October 2012, 2012, the Defendant: (a) on the front day of the D pharmacy located in Dobong-gu Seoul Metropolitan Government, the Defendant did not regularly complete the course of the D branch of the Seoul National University; (b) did not complete the course of the D branch of the Seoul National University; (c) completed the course of the Seoul National University and the Seoul National University; and (d) stated the relevant facts in his/her name; (c) did not intend to commit fraud; (d) did not intend to commit fraud; and (e) did not intend to commit fraud, “F would have been able to have a graduate school at the Seoul National University.”

The gue is going to go to a graduate school of the Seoul National University in order to fraud.

The F’s reputation was damaged by openly pointing out some false facts by openly pointing out the words “I am bad gue,” which created a false name by fraud.

2) On April 2013, 2013, the Defendant: (a) had 4-5 persons who had no knowledge of the name of G in front of the new Dobong branch in Dobong-gu Seoul, Dobong-gu, Seoul, 727-1, and “F may have a graduate school at the Seoul National University.”

F’s honor by publicly pointing out some false facts with the words “the fraud is not a fraud.”