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(영문) 광주지방법원 2018.02.22 2016노535

명예훼손등

Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Of the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. Defendant (as to defamation that was pronounced guilty in the lower court), Defendant changed “ponner” to D around July 2014.

The fact that the term “the gue,” in this fraud, is changed is recognized.

However, there is no fact that the defendant stated to D in early August 2014, and there is no fact that he sent one imprisonment.

pp. The fact that it read "we can live with imprisonment." is not easy.

In addition, the defendant's speech as above is not proved to be false facts, and it is a time when D was separated from that. Thus, there is no performance.

Therefore, the defendant is not subject to the crime of defamation.

B. Since the prosecutor (as to the violation of the Building Act, which was pronounced not guilty in the lower court), sufficiently proves that the Defendant installed a container on the Southern Hayang-gun L (hereinafter “instant land”) before early May 2012, the Defendant committed a crime of violating the Building Act against the Defendant.

2. Determination

A. On July 2014, the summary of the facts charged as to the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine as to defamation 1) The Defendant introduced the pipe washing work of the E school located in the Southern Tyang-gun to the victim D on July 1, 2014, and the victim completed the construction work within KRW 420,000,000 of the profits of the victim, but the dispute arises while demanding the victim to introduce KRW

On August 8, 2014, the Defendant: (a) at the G office operated jointly by the Defendant and the victim in Gwangju Northern-gu, Gwangju, the Defendant, despite the fact that the victimized person did not change the morale, and (b) at the G office operated jointly by the victim, the Defendant’s reputation was damaged by publicly pointing out false facts by publicly pointing out the fact that “packer is the fraud; (c) embling the fraud; (d) embling the fraud; and (e) embling the police for 38 years in this area; and (e) emb) embling the inside of this area, the Defendant did not send one imprisonment.”

2) The judgment of the court below is rendered.

참조조문