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(영문) 부산지방법원 2013.04.19 2012노3487
무고등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding ① Of the facts charged in the instant case: The Defendant’s accusation is true, and it is not unreasonable.

② As to defamation of the facts charged in the instant case, the content of the printed matter distributed by the Defendant is true and solely for the public interest of apartment residents residing in the Defendant, and thus, illegality is excluded pursuant to Article 310 of the Criminal Act.

③ As to the insult of each of the facts charged in the instant case: The Defendant did not desire the victim as stated in the facts charged.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (three million won of a fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below: ① according to the statement of police officer at the time when the defendant was assaulted by the victim, the defendant made 112 report (the 90 pages of evidence record) to the police station that he was insulting, such as hearing a severe humiliation by telephone from the victim, and later, the defendant filed a complaint against the victim as to the part that the victim sawd by telephone, and later, the defendant went to the police station along with the defendant. At the time, the victim did not have any physical body or assault (the 89 pages of evidence record). ② In light of the following circumstances, the defendant was consistent with the statements of the head of the apartment management office of this case E, security guards G, and witness H (the 134 pages of evidence record) together with the location of the victim, and the fact that the defendant did not have any assault by the victim can be sufficiently acknowledged as a crime of insult.

Therefore, the defendant's above assertion is without merit.

B. Article 310 of the Criminal Code provides that “The act of Article 307(1) is true and is solely public.”

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