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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.06.18 2014노6681
명예훼손
Text

The defendant's appeal is dismissed.

The costs of trial in the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not state any false facts to G as stated in the facts charged in this case, and even if the Defendant stated false facts to G as stated in the facts charged in this case, it did not have any possibility of dissemination to an unspecified or many unspecified persons, so the judgment of the court below which convicted him of the facts charged in this case is erroneous in the misunderstanding of facts or misunderstanding of legal principles, even though it did not

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the public performance in the crime of defamation means a situation where an unspecified person or a large number of people can recognize the false facts as stated in the facts constituting the crime in the judgment below, and the public performance in the crime of defamation means a situation where an unspecified person or a large number of people can be recognized. Thus, even if the facts are distributed individually against

Therefore, G, the other party stated in the facts charged, as the defendant, is a resident living in the apartment complex in the same apartment complex as the defendant, and was in charge of the victim's appearance. In light of its status, even if the defendant stated the above facts individually to G, it can be disseminated to an unspecified or many unspecified persons. Thus, this part of the defendant's assertion on a different premise is rejected.

B. In light of the fact that the Defendant’s judgment on the assertion of unfair sentencing is an initial criminal without any criminal power, the Defendant is liable to defame the victim by openly pointing out false facts.

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