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(영문) 서울중앙지방법원 2013.11.29 2013노2125

명예훼손등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (guilty of Facts and misunderstanding of legal principles): The Defendant did not take a bath against the victim E, and even if she took a bath, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. Prosecutor (In fact-finding) not guilty portion: The questioning letter sent by the defendant violates the articles of incorporation of the I Foundation (hereinafter “the Foundation of this case”) and may be subject to criminal punishment. “The expression constitutes a statement of false facts, not a statement of judgment or opinion.” The expression constitutes a statement of false facts, and even if the statement of fact is a statement of fact, the illegality is not dismissed. Therefore, the lower court acquitted the victim of this part of the facts charged, and found the defendant not guilty of this part of the facts charged, which affected the conclusion of the judgment.

2. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion, the lower court fully recognizes the fact that the Defendant made an insulting speech to the victim with the large voice of “this son, width, and so on,” “I am dead at once” while the Defendant was eating in a restaurant.

In relation to performance, in full view of the following facts: (a) the place where the Defendant expressed the victim’s abusive opinion to the public is a restaurant open to the public; (b) the Defendant’s remarks are F, G is neither the Defendant nor a family member nor a close relative; (c) G was appointed as a temporary director of the instant foundation by the court’s decision and first became the Defendant’s meal; and (c) other people were seated on the table table behind the location of the victim at the time, there was a possibility that unspecified or multiple people could recognize the Defendant’s remarks, or that the Defendant’s remarks may spread to many, unspecified or unspecified persons.