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(영문) 서울중앙지방법원 2018.06.21 2017노4637
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal - Fact misunderstanding and misunderstanding of legal principles

A. The content of the documents prepared by the Defendant is true, and the above documents do not constitute a crime because they intended to inform the members of the autonomous council of the cause of an issue related to the operation of the autonomous council for the benefit of the members of the autonomous council.

B. Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in finding facts erroneous and understanding the legal principles as to the crime of defamation (the ground for dismissal of illegality).

2. In full view of the evidence duly adopted and examined by the court below, it is just to find the defendant guilty of the facts charged of this case, and there is no error of law by misunderstanding facts or by misapprehending the legal principles as to the crime of defamation of honor.

A. Of the content of the document prepared by the Defendant on December 14, 2015, “The former Chairperson E received the back of F’s KRW 5 million on several occasions to F’s lessee, and he was subject to a criminal complaint against F on March 23, 2009.

Due to the intention of E E, the members of Korea did not receive a rate for rent.

E did not have the rate of rent to the members, but has brought 500 million won deposit and some rent revenues from lessee F as wages and activity expenses.

In light of the motive or context before and after the document was drawn up, “E engaged in the illegal transactions of the imitated” with F and rent, and thereby, the criminal prosecution was brought up to the criminal prosecution (as emphasizing the “criminal prosecution”), so, the thickness of 10,11 members of the 11st floor is consistent.

In the meantime, the rent has not been paid at the rate.

E It is sufficient to interpret the meaning of “Mather and fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat.”

(b) however, install EF and rents;

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