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(영문) 수원지방법원 2015.10.23 2015노1740
명예훼손
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a case where the Defendants did not make a statement as stated in the facts of the crime in the judgment of the court below, and even if they used the expression of family dypule, it does not constitute defamation, apart from the fact that it does not constitute a crime of insult.

B. The lower court’s sentence of unreasonable sentencing (the Defendant’s each fine of KRW 500,00) is too unreasonable.

2. Determination

A. The following circumstances are revealed by comprehensively taking account of the evidence duly adopted and examined in the lower court’s determination of erroneous determination of facts: (i) the elderly situation from the investigative agency to the lower court’s court; (ii) the victim took away from the general office of Korea due to Domine, and was released from membership; and (iii) the victim made a statement from the Defendant “the senior citizens who registered with the general office of Korea would not have been able to take advantage of the entire amount of cash 45,000 won; and (iv) the senior citizens who registered with the lower court’s office of Korea would not have become Domine.” The victim stated that “the senior citizens would have become Domine and driving away from what senior citizens’ body; and (iv) the victim’s statement that “the senior citizens would have been Domine at the time,” and that “the senior citizens would have gone away from Domine before Domine,” and that the victim’s statement that “the senior citizens would have been rashed.”

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