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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.12.16 2016노4512
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is not false facts, but true facts, and it was related to the public interest of the clan, and there was no intention of defamation against the victims.

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

2. The following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts or misapprehension of legal principles were duly adopted and investigated. The Defendant filed a complaint against the victims as the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the crime of occupational breach of trust; however, the Suwon District Prosecutors’ Office rendered a non-prosecution decision on June 19, 2014 on the grounds that the victims did not have participated in the resolution of the Large Board of Directors and there was no evidence to deem otherwise to have participated in the F’s criminal act; the Defendant, despite having received the non-prosecution decision, sent a letter to a clan member under the premise that the victims’ breach of trust was true, as shown in attached Tables 7 and 8 of the crime List 1 of the judgment of the lower court, although the Defendant filed a complaint against some of the clan members including the victims, the Suwon District Prosecutors’ Office rejected the victims on October 29, 2015, and even if the victims were somewhat suspected of engaging in the F’s breach of trust, the Defendant did not confirm the facts and without properly conducted the audit.

The fact that the defendant is presumed to have embezzled or embezzled the funds of the clan is the only fact that the letter is prepared and sent on the basis of this trend, and the fact that the defendant stated is true and specific.

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