logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2013.12.13 2013노655
명예훼손
Text

1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 1,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The gist of the grounds for appeal is that the contents of the printed materials sent by the Defendant to the members of the instant association, in light of the overall purport, cannot be deemed as false facts as a crime of defamation because they are consistent with objective facts or merely express opinions, and the Defendant did not have any intention to impair the reputation of the victim.

Nevertheless, the court below accepted the facts charged in this case and found the defendant guilty. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Prior to the judgment on the grounds for appeal by the defendant, the prosecutor examined ex officio the second part of the facts charged against the defendant in the trial, and "the defendant was not present at the first regular board of directors of the above No. 13 of Jan. 23, 2009, the victim was not present at the second regular board of directors of the above No. 31 of Mar. 5, 2009, and as a result, the victim was not present at the second regular board of directors of the above No. 31 of the above No. 31 of Oct. 309, 209, and the defendant did not interfere with the smooth meeting of the 13th regular board of directors of the above No. 2009, Dec. 30, 2009, the 3rd regular board of directors of the above No. 2009, Dec. 13, 2009 (hereinafter referred to as "No. 209).

arrow