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(영문) 서울중앙지방법원 2016.06.30 2016노665
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) ① N, a merchant’s accounting employee, and the victim C defaulted from October 2012 to December 2, 2012.

Since the merchants' association was reported to D, the president of the merchants' association, and the mail was sent according to the defendant's report as stated in the judgment below, there was no awareness of falsity, and there was no illegality because it was for public interest.

② Even after the above Defendant’s act was committed, C is engaged in a business while maintaining the lease agreement, and C’s credit was damaged.

shall not be effective.

2. Of the grounds for appeal, the above argument ① is the same as the defendant's assertion at the court below, and the court below rejected it by making a detailed determination as to it under the title "judgment as to the defendant's assertion". In full view of the circumstances acknowledged by the evidence duly adopted and investigated by the court below, the judgment of the court below is just, and there is no error of misunderstanding the facts alleged by the defendant

(2) On the other hand, as to the above argument, there is a spread of false facts that may damage the credit of the person as a dangerous crime, and such false facts are transferred to the situation where many unspecified or unspecified persons can recognize false facts, and there is no need to bring about a result that may actually damage the credit of the victim.

As long as a postal item, as indicated in the judgment of the court below, which damages the credit of the Defendant sent to a third party, is delivered to the prop of a commercial building, the Defendant may not be exempted from the liability for a crime of undermining credit, even if the credit of

(2) The argument of the defendant is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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