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(영문) 서울중앙지방법원 2016.05.19 2016노406
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the Defendant sent the instant mail without undergoing the fact-finding procedure, it can be sufficiently recognized that the Defendant had a criminal intent to decrease the victim’s social assessment. Since the Defendant sent the instant mail to an employee who is not related to his/her business, it is difficult to view that the Defendant’s act as an occupational act is reasonable in light of social norms.

2. In full view of the evidence duly adopted and examined by the lower court and the first instance court, the lower court had a criminal intent to decrease the victim’s social assessment on the grounds stated in its reasoning.

The defendant's act can not be seen as an act necessary for performing his/her duties, and there is a reasonable ground to permit the defendant's act in light of social norms.

The decision is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles as asserted by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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