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(영문) 서울서부지방법원 2019.01.17 2018노1284
명예훼손
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Since there is a high possibility that misunderstanding of facts or misunderstanding of legal principles C's subjective evaluation, misunderstanding of facts, or misunderstanding has occurred, some remarks in the facts charged are different from those actually made by the defendant.

In addition, the defendant, as the president of the former council of occupants' representatives, only made a statement on the facts charged to C, who is the president of the council of occupants' representatives, and the management office in the vicinity of the time does not hear the statement of the defendant.

When the defendant has worked as the chairperson of the council of occupants' representatives, he/she is dismissed from illegality because he/she has experienced several inconveniences from the victim in question and made a statement in the facts charged for public interest.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found otherwise guilty of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. A. Around 11:20 on January 31, 2017, the summary of the facts charged is that the Defendant: (a) at the management office of Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant apartment”); (b) “D” is the representative of the said apartment occupant-representative C; and (c) received unjust money, such as introduction expenses, by holding a phone call at the meeting of the auditor status to the management office of the said apartment; and (d) by holding the meeting with the auditor status; and (e) received money and valuables at 0.6% of the sales amount in the form of introduction expenses in several places under the same law. Upon entering several apartments of Seodaemun-gu, the Defendant received money from the management office of Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant apartment”); and (b) “D received money from the representative of the said apartment occupant-representative; and (e) received money from the auditor, and (e) received money from the principal after two months thereafter, he/she did not have opened.”

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