(영문) 의정부지방법원 2016.08.09 2016노399

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(영문) 의정부지방법원 2016.08.09 2016노399

명예훼손

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

A fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not speak as stated in the facts charged.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the prosecutor applied for changes in the indictment to the defendant's facts charged against the defendant at the trial of the court below. Since the subject of the judgment by this court was changed by the decision that permitted this, the judgment of the court below can no longer be maintained.

However, the defendant's assertion of misunderstanding the facts is still subject to the judgment of this court, which will be examined below.

3. The lower court’s judgment on the Defendant’s assertion of mistake of facts was duly adopted and investigated, namely, the witness D, E, and M, made a specific statement to the effect that they correspond to the following criminal facts, and there is no motive or purpose to make a false statement unfavorable to the Defendant. As such, their credibility exists. Accordingly, according to their statements, it can be sufficiently recognized that “the victim’s reputation was damaged by openly pointing out false facts as stated in the following criminal facts by the Defendant.”

4. In conclusion, the judgment of the court below is reversed pursuant to Articles 364 (2) and 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

From March 11, 2014 to June 30, 2014, the Defendant served as the management director at the Nowon-gu Seoul Special Metropolitan City apartment management office.

1. On June 10, 2014, the Defendant was the representative of the pre-existing occupant with interest on the pre-existing apartment at the office of the management office for the representatives of the second floor occupants.

1408 Do 101 Do 1408 Do 101 Do Do 200 Do 201 Do 2002 Do 201

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