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(영문) 의정부지방법원 2013.09.26 2013노1359
명예훼손등
Text

All judgment of the court below shall be reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The first instance court (1) erroneous determination of facts or misunderstanding of legal principles: With respect to defamation of this case, it is merely merely a presentation of opinion rather than a statement of facts, and public interest was for the proper operation of the apartment community, and it is difficult to see that there is a public performance because it was a statement to the president of the elderly.

(2) Unreasonable sentencing: The sentence of the lower court (a fine of KRW 700,00) is too unreasonable.

B. Second instance: The sentence of the lower court (a fine of KRW 300,000) is too unreasonable.

2. Determination:

A. The Defendant, ex officio, was sentenced to a fine of KRW 70,00 for a fine of KRW 300,00 for a case 2013 High Court Decision 2013 High Court Decision 2013 High Court Decision 201Da2488 and appealed each of the above decisions. The arguments were joined in the trial proceedings. Each of the crimes against the Defendant, which the lower court decided against the Defendant, should be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act, since the concurrent crimes under the former part of Article 37 of the Criminal Act are concurrent crimes under Article 38(1) of the Criminal Act. Accordingly, the lower judgment, which separately sentenced each of the crimes

However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles on the judgment of the first instance court is still subject to the judgment of the court of first instance, and this is examined.

B. According to the evidence duly admitted and investigated by the court below regarding the defendant's assertion of mistake of facts or misapprehension of legal principles (as to the first instance court), the defendant's statement to the effect that "the defendant paid a fine to the representative E, the managing director I and J, from the apartment management expenses." The defendant's statement refers to a report or statement on specific past or present facts in time and space, and the contents of the statement can be proved by evidence.

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