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(영문) 수원지방법원 2014.12.23 2014노4352
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no content suggesting that F had continuously induced F to convert a certification body into a recording file in an investigation report. At the time of interrogation into the prosecutor's office, F stated that F had made a statement that F had a statement that he had been able to undergo a conversion review during the dialogue with the company he had been examined by F. F did not contact with a business partner solely for the foregoing words, but F stated that H (I), J (K), L (O), N (O), P did not induce or induce F to convert a certification body. As such, the statement by the Defendant constitutes a false fact.

B. The change of the certification body of an enterprise is possible for any reason, regardless of time, depending on the freedom of choice of contract, and is actively induced and induce the defendant's company's company's company's company's company's company's specific expenses. The 47 certification bodies and examiners registered in the KAB (KAB) are highly objectivity and neutrality to perform their duties. Thus, it cannot be said that there is a risk of false certification solely on the fact that the company changed its certification body. However, since the company lost its financial resources by changing the examination body, the defendant lost its financial resources, and distributed the documents of this case, all of them cannot be deemed to be for the public interest.

C. Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine on the grounds for rejecting the illegality of defamation and thereby adversely affecting the conclusion of the judgment

2. Determination

A. On April 2, 2013, the Defendant: (a) at the E office located on the second floor of the Maan-gu D Building in Ansan-gu, Ansan-si; and (b) the victim F retired from the above E to the competitive certification body; and (c) the certified company managed by the victim changed the certification body according to the victim.

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