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(영문) 서울북부지방법원 2013.10.02 2013노851
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant made a mistake of facts as stated in the facts charged, he did not have the intention of defamation.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 1,500,000) is too unreasonable.

2. Determination

A. In the crime of defamation of Article 307 (2) of the Criminal Code of misunderstanding of facts, it refers to recognizing that the alleged facts, that is, the alleged facts, are false and that such facts would undermine the social assessment of people, and in particular, there is no need to be a purpose of defamation, and it is adequate for the willful negligence.

On the other hand, according to the evidence duly adopted and examined by the court below, the defendant's statement as stated in the facts charged can be acknowledged that the defendant defames the victim's reputation by openly speaking as the same as that of the facts charged while the defendant's employees and the victim's employees hear. Even if the defendant made such speech by somewhat interest at the time of the crime of this case, it does not interfere with the establishment of defamation. Thus, this part of the defendant's assertion is without merit.

B. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc., the Defendant’s punishment imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion on this part is also groundless. In so doing, the lower court’s punishment is too unreasonable, in full view of the following circumstances: (a) the degree of impairment of the victim’s reputation, who is a public official, by the Defendant’s instant statement, is not somewhat weak;

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, under Article 25 of the Regulation on Criminal Procedure, the term "city bus that received a bribe from the same transportation" in the facts constituting the crime of the lower judgment.

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