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(영문) 대구지방법원 2014.08.13 2013노3929
명예훼손
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the defendant constitutes the crime of this case against the members of the board of representatives for the disciplinary action of the defendant, and it seems that the nature of the crime is poor, regardless of civil conciliation, and regardless of the civil conciliation, the victim wants to punish the defendant. However, there is no history that the defendant led to the crime of this case, there is no history that the defendant was punished for the crime of this case, there is no history that the defendant was punished for the crime of this case, the mediation of the lawsuit for damages filed against the defendant was concluded and the defendant would pay 2 million won to the victim. In light of the fact that the defendant posted a letter of apology against the victim during the above civil conciliation process, and other factors such as the defendant's age, character and behavior, environment, means and method of the crime of this case, the defendant's argument is somewhat unreasonable. Thus, the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 307(1) of the Criminal Act and Article 307(2) of the Criminal Act (the point of defamation following the statement of false facts) concerning criminal facts, the choice of punishment, and Article 307(2) of the Criminal Act;

1. The crime of defamation under Article 40 and Article 50 of the Commercial Act and the crime of defamation based on the statement of false facts shall be sentenced to the punishment for defamation based on the statement of false facts.

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