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(영문) 서울동부지방법원 2017.09.14 2017노541
명예훼손등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts or misunderstanding of legal principles (A) alleged true facts for the public interest, and even if false facts were to be false, Defendant’s act is dismissed in accordance with Article 310 of the Criminal Act, since there were reasonable grounds to believe such false facts as true facts.

(B) Since the Defendant’s obstruction of business excavated land for the public interest, there was no intention to obstruct the work of the victim AD Co., Ltd., and the Defendant’s act constitutes a justifiable act, and thus, the illegality is dismissed.

(2) The sentence of the lower court’s improper sentencing (two years of suspended sentence of imprisonment for eight months) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. The lower court’s determination as to defamation was based on the following circumstances that can be recognized by the evidence duly admitted and investigated by the lower court, namely, ① after the discovery of the ground excavation on around 4, 1999, I continuously conducted an exploration of the ground excavation by 200 to 300 to 300 to 300 to 300 meters-30 meters from among the 3-4 stations, which were set up on the basis of aerial photography or 199, each year after the discovery of the ground excavation, but did not discover the ground excavation. ② From the point of view that I did not discover the ground excavation in a total of 24 points from December 1 to 4, 2014, in accordance with the plan set forth by the Defendant, etc. in line with the requirements of the Defendant, etc., at 24 points of view, it did not appear to be publicly known to the public in the area where the land excavation and 20 to 20 to 30 to 20 to 30 to 20 to 3.

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