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(영문) 광주지방법원 2017.09.20 2016노4307
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal stated true facts, and, even if so, indicated false facts.

Even if there are reasonable grounds to believe that the facts are true, the illegality should be removed pursuant to Article 310 of the Criminal Act. However, the court below convicted of the facts charged in this case. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

2. In the case where illegality is discovered under Article 310 of the Criminal Act, the lower court determined that the act under Article 307(1) of the Criminal Act is true and solely pertaining to the public interest, and that Article 310 of the Criminal Act on the detection of illegality does not apply to the act constituting the crime of defamation by the statement of false facts. According to the evidence of the judgment, the Defendant did not accept the Defendant’s allegation of illegality on the ground that the Defendant’s assertion of illegality was not accepted on the ground that the Defendant’s embezzlement was false by pointing out the fact that the Victim F did not embezzled subsidies for the price of the card terminal, even though the Defendant did not embezzled, and that it was difficult to recognize the Defendant’s embezzlement as true.

In light of the records, the above facts finding and judgment of the court below are just and acceptable. The defendant's above assertion is without merit, since it is difficult to believe that the statement of the witnessO of the court of the first instance or it does not obstruct the establishment of the above facts constituting the crime, and there is no other evidence to reverse it.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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