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(영문) 대전지방법원 2016.01.14 2014노3211
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) The Defendant of the pertinent crime of 2013 High 1313, the Defendant did not graduate from a middle or high school after he/she was investigated by the police.

The court below found the Defendant guilty of this part of the charges charged on the sole basis of the fact that the victim did not undergo an investigation at the police or that the victim did not graduate from a middle or high school, even though it was revealed that the victim did not actually have graduated from a middle or high school, by hearing the statement to the purport that the Defendant was guilty of this part of the charges by removing it from the police. In so doing, the court below erred by misapprehending the legal principles and misapprehending the legal principles.

2) At the time of the instant case, there was controversy over the victim’s eligibility as a member of the Labor Relations Commission at the time of the instant case, and the Defendant, as a staff member of the Labor Relations Commission at the time of the instant case, was authorized to examine the victim’s eligibility as a member of the Labor Relations Commission under the direction of K, who is the president of the Labor Relations Commission, as a staff member of the Labor Relations Commission. Accordingly, the victim’s resume, personal name card, and personal name certificate, etc. (hereinafter “documents subject to investigation”) were delivered to the victim, and requested the victim’s investigation. Accordingly, it was proved that the victim did not graduate from a middle or high school, which was a legitimate business or legitimate act.

Although the court below found the defendant guilty of this part of the facts charged, the court below erred by misunderstanding facts and misunderstanding of legal principles.

B. The lower court’s sentence (an amount of KRW 5 million) against an unfair defendant in sentencing is too unreasonable.

2. Determination as to the assertion of misunderstanding of the legal principles and mistake of facts. A. The pertinent part of the crime in the instant case of 2013 Goo 1313) was indicated in the crime of defamation by publicly alleging false facts under Article 307(2) of the Criminal Act.

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