(영문) 수원지방법원 2020.01.30 2019노5961 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2020.01.30 2019노5961

명예훼손

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant’s statement that “the victim is not in a fake that does not have to specify” is that it would cause residents of the community to mistake the victim as a fake body, which is not consistent with objective facts in the key part.

In addition, the defendant's statement that "part of the written consent of the residents is fake. Part of the down payment for wind power projects was consumed for personal use and committed a crime." The victim's social evaluation could be lowered, and there is no written consent of the residents who made a false statement.

Therefore, it is sufficiently recognized that the defendant defames the victim by pointing out false facts.

Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion

2. Determination

A. On December 9, 2015, the Defendant explained the wind power generation project to approximately 30 residents at the community center located in Samgjin-si B around 12:00, the gist of the facts charged in the instant case, stating to the effect that “A victim C is not clear. Part of the written consent of residents is fake. A part of the down payment for the wind power project was consumed for personal use and committed a crime.”

However, in fact, the victim secured 64 written consent of the residents and 6 copies of written consent to the use of the land, and the corporation D operates a corporation in Category D.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

B. The lower court rendered a judgment on the grounds that the instant facts charged constitute a case where there is no proof of crime on the grounds as delineated below.

1. In full view of the following facts and circumstances, the lower court: (a) the evidence submitted by the prosecutor alone alone is partially fake to the written consent of the residents.

Part of the contract deposit for wind power projects shall be consumed for personal use.

유사 판례

-수원지방법원 안양지원 2019.10.08 2019고단314

-부산지방법원 2016.11.17 2016고단3204

-부산지방법원 2014.04.11 2011고단9553 (1)

-서울북부지방법원 2015.06.24 2014고정2343

-서울남부지방법원 2016.11.25 2014가합3369