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(영문) 서울남부지방법원 2014.08.29 2014노763
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles as to the defendant's arbitrary sale of the defendant's Samsung Electronic Stocks in Samsung Securities Co., Ltd. (hereinafter "T&I") even though the defendant did not request D employees of Samsung Securities C branch to sell the defendant's Samsung Electronic Stocks, the defendant stated in the P&I at the time of the first-person demonstration (hereinafter "T&I securities") in the P&I (i.e., the crime that was committed in which the customer's shares were stolen, i.e., the crime that was committed, and the return of the shares to the customer), and the defendant did not indicate any false facts. As such, the use of the P&I and the first-person demonstration were for the purpose of protesting against

Even if there is a factual defamation crime under Article 307(1) of the Criminal Act, rather than a defamation crime of false facts under Article 307(2) of the Criminal Act.

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

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, such as the witness D’s statement at the court below, telephone conversations file between the Defendant and D, and the details of stock trade, etc. on October 24, 2008, the Defendant was found to have ordered the employees D to sell all of the Samsung electronic stocks owned by the Defendant by telephone at the closing price (317,850,000 won was deposited into the Defendant’s account). Thus, the above pocket book content to the effect that Samsung Securities caused the fraud of the customer (the Defendant) is false, in light of all the circumstances, such as the circumstance of the case’s occurrence, etc., the Defendant’s assertion on the above part is without merit.

B. Determination of unfair sentencing is made on the Defendant.

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