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(영문) 춘천지방법원 강릉지원 2014.02.13 2013노390
명예훼손
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding the facts for the following reasons, since the defendant was actually subject to a disposition that had already been suspected of being suspected of having already stated in the inducement, it judged the content to be false.

① Although D has paid KRW 400,000 each year for the management expenses for simplified village water supply, D paid KRW 200,000 each year. ② On December 25, 2008, the expenditure amount of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00,00,00.

Therefore, the defendant cannot be viewed as false on the ground of the fact indicated in the inducement, and the defendant did not have awareness that each of the above facts was objectively false.

B. The lower court’s sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The summary of the facts charged is that the Defendant is a resident of Gangnam-si, and the victim D is a head of the above village.

Around 11:00 on December 25, 201, the Defendant issued to the participants, including E, more than 10 copies of the printed items, “I propose to the C residents,” among 50 village residents, including E, for a community settlement general meeting.”

The defendant shall be charged with the above inducement.

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