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(영문) 서울서부지방법원 2016.01.22 2015노1237
명예훼손등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, in relation to the crime of intimidation, shows to the victim the documents as stated in the judgment of the court below (hereinafter “documents of this case”), and send them to the Minister of Land, Infrastructure and Transport and the Commissioner of the National Tax Service.

there was no fact that there was such fact, even if

Even if it is mentioned that the organization's corruption is reported, it does not reach the extent that the other party can feel fear, and it is not possible to make the other party feel fear, and it is justified as a legitimate exercise of rights.

2) Postal items sent by the Defendant related to the crime of defamation (hereinafter “Postal items”) as indicated in the lower judgment (hereinafter “instant postal items”) are generally consistent with the truth or, even if it is somewhat unclear whether they are true or not, there is a considerable reason to believe that the Defendant is true, and thus, it constitutes an act for the public interest and thus, illegality is dismissed.

3) Nevertheless, the lower court erred by misapprehending the legal principles as to the crime of intimidation and the crime of defamation, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor examined the facts charged regarding the crime of defamation of the reputation on January 28, 2014 of the instant case at the time of the trial, and the prosecutor asked that “The Defendant, around January 28, 2014, at the branch office of the Seoul Special Metropolitan City Automobile Maintenance and Improvement Project Association C branch office, the Defendant told that there is no relation with the key of the branch office on January 16, 2014,” and “I doubt only once and once the other documents are treated as the remainder.”

It appears that the purchase cost of the product of KRW 2130,00 is approved at the end of December 2013.

The name attached to the receipt was the purchase price for gifts to be offered to departments and collaborative enterprises.

중략.. 추신 1 여러 분 설 선물 받으시고, 감동하셨죠

after the establishment of the branch.

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