(영문) 서울남부지방법원 2017.11.30 2017노1802

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2017.11.30 2017노1802

명예훼손등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant clearly observed that the construction site of this case is constructed by CIP public law.

In addition, the defendant testified

According to the decision of the 2013 High Court 2723 case, H-PILE earth at the construction site of this case was used, and the defendant could have been dismissed because he or she had a similar feature among the two public methods as neighboring residents.

In the end, since the defendant testified false facts contrary to memory, the part which found the defendant guilty of perjury in the judgment of the court below is erroneous.

B. In light of the fact that the illegal defendant's act of defamation is against depth, and that the defendant is aged, the punishment (2 million won) sentenced by the court below is too unreasonable.

2. Determination

A. The Defendant had already asserted as stated in the grounds of appeal in the lower court regarding the charge of perjury, and the lower court rejected the above assertion on the grounds of detailed reasons in the column of “determination on the Defendant and the defense counsel’s assertion” of the judgment.

Examining the reasoning of the lower judgment based on the evidence duly adopted and examined by the lower court in comparison with the records of the instant case, the Defendant made a false statement contrary to his memory by making a statement to the effect that, although the instant construction site was not constructed by CIP method, the Defendant would have clearly examined the construction works by CIP method, and that the Defendant made a false statement contrary to his memory.

The judgment of the court below is just and acceptable.

The defendant's assertion of facts is without merit.

B. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below on the unfair argument of sentencing.

Other circumstances favorable or unfavorable to the defendant, and the age and behavior of the defendant.

유사 판례

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