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(영문) 서울중앙지방법원 2014.05.29 2014노775

명예훼손

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, like the facts charged in the instant case, did not say that “J and E are in an internal relationship, and the two are responsible for deducting property from a fake one.”

B. The lower court’s sentencing of an unreasonable sentencing (three million won of fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. First, we examine whether the Defendant’s “J and E is an internal relationship” and thereby impairs the honor of the victim E.

In light of the following facts and circumstances acknowledged by the court below and the evidence duly admitted and investigated by the court below, it is recognized that the defendant has damaged the reputation of the above victim by openly making the words “in-house relationship” as above.

Therefore, this part of the defendant's assertion is rejected.

1) At the time of the instant crime, the Defendant was punished for property-related disputes between J, E, and civil and criminal disputes, and there was a very good condition to appraise them. The Defendant prepared a written complaint against J, E, etc. around August 201, which was prior to the instant crime, stating “E as an internal female of J” (in the investigation record 76 pages), and continued to make a statement of “E and J as an internal relationship.” In light of the series of circumstances before and after the instant crime, the Defendant, at the time of the instant crime, requested I to inform him of the contact point, which is the witness of J and E, at the time of the instant crime, and requested I to do so, even if I did not comply with I, there seems to be very high probability that “E and E” as in this part of the facts charged, as the Defendant stated in the lower court, to the effect that “the relationship between J and E” was an internal investigation agency and the lower court’s oral relation.

In this regard, I and J and E are related to them, J and E.