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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2014.07.17 2013노3624
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is dismissed, since the defendant did not harm the reputation of the defendant as stated in the facts charged, and the facts were stated for the public interest.

The judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

2. According to the evidence duly admitted and examined by the lower court, including a partial statement, a copy of mail, a copy of e-mail, a Blogs, Blogs, and Blogs printed materials at the lower court’s trial, the Defendant’s office on April 10, 2013, sent online printed materials, such as the content under Paragraph (1) of the criminal facts as indicated in the lower court’s holding, by mail, to 11 employees of the victim using the Defendant’s e-mail, and sent the e-mail of the same content as Paragraph (2) of the criminal facts as indicated in the lower judgment, from around May 5, 2013 to November 11, 2013, and thereby, damaged the reputation of the victim by posting it on the Defendant’s Nlogs.

In full view of the motive and background of the Defendant’s writing, the content and method of expression, the scope of the other party who sent the writing and the number of persons who read the writing, etc., it is sufficiently recognized that the Defendant had an intent to defame the victim at the time of sending or posting the above writing, and the illegality cannot be deemed to be excluded as sending or posting the writing for the public interest.

The court below's finding the Defendant guilty of the facts charged of this case is just and there is no error of law by misunderstanding facts or misunderstanding legal principles

The records and arguments, such as the motive, details, and the degree of infringement of honor of the victim of the instant crime, are shown.

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