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(영문) 서울서부지방법원 2013.08.22 2013노514
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In full view of the following facts: (a) the core part of the “E Housing Redevelopment Improvement Project newsletter” in which the Defendant’s false writing was written, which is the key part of the “E-Housing Redevelopment Project newsletter” that is the issue; (b) it is apparent that the entire purport of the above article is a false fact that does not match with objective facts; (c) G accumulated its own part with the money received from modern construction; and (d) G was not verified that there was no confirmation that it was punished for embezzlement or embezzled money; and (c) the above article written by the Defendant constitutes a false statement in its core content; and therefore, there is no room to avoid illegality under Article 310 of the Criminal Act.

Nevertheless, the court below determined that the act of the defendant sending the above newsletter was dismissed by Article 310 of the Criminal Act, and sentenced not guilty of the facts charged in this case. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

Judgment

The summary of the facts charged in this case is the chairperson E.

On October 24, 2011, the Defendant was at the office of the E Housing Redevelopment Promotion Committee established in Yongsan-gu Seoul, Yongsan-gu, Seoul. The facts are as follows: (a) the victim G used the money received from Hyundai Construction without a specific occupation; and (b) the Defendant used public relations personnel in the name of Hyundai Construction in the election of the chairman of the preliminary promotion committee, and (c) the Defendant provided the G, despite the absence of any support from the hinterland, the Defendant was fluent with G, who had lived with the help of H Construction for a 10-year period without a specific occupation.

GC and G C-C-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P.

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