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(영문) 대구지방법원 2016.11.24 2015노4152
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles)

A. Although there was a fact that the defendant made a mistake of facts the same purport as the facts of the judgment of the court below, the meaning of the "job" that the defendant told refers to the "right to operate a self-reader," and since the victim actually demanded the defendant to operate a self-reader, it cannot be deemed that the defendant made a false statement of facts, and it cannot be said that the defendant made a statement of facts because the defendant merely expressed his opinion.

B. In light of the legal principles, the Defendant’s act constitutes a justifiable act, since the Defendant committed the instant crime under the circumstances that interfere with the educational business, such as the victim’s care at the scene of educating its members.

2. Determination

A. 1) As to the assertion of mistake of facts, the Defendant is the chief director of the cooperative, and the victim D is the representative of the C cooperative. The victim distributed printed materials to C members to raise doubt about the E-land purchase and the charging station construction project of the said cooperative. On April 13, 2015, the Defendant was requested to verify the fact of the above printed materials distributed by the victim from the members of the C cooperative within the Daegu Suwon-gu F cooperative party, the Defendant was found to have been aware of the fact, although the victim did not demand the assignment of the Defendant, the Defendant did not act as “if the victim was 150 members of the 150 members of the 150 members of the 150 members of the 2nd group, so it would be difficult for the Defendant to find the Defendant guilty of the facts charged in this case based on the evidence set forth in the lower court’s judgment and the lower court’s judgment based on the evidence duly adopted and examined at the lower court (b) and the following facts and the facts of this case, i.e., the Defendant at the time of this case.

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