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(영문) 서울중앙지방법원 2013.11.29 2013노2535
명예훼손
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles, the Defendant only prepared objective and balanced articles based on the accusation letter, G fact confirmation certificate, and criminal judgment against E, etc. on which E filed a complaint against F, but did not defame F by pointing out false facts as if E’s assertion stated in the accusation book of this case was credibility, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 10 million won) is too unreasonable.

2. Determination

A. The facts charged and the lower court’s determination are as follows: EC (E without mentioning real names in the articles, without mentioning real names) under the title of “E” under the title of “E”, which is the Defendant, the head of the social division and reporter of the Crogate of the Crogate” and “E”.

) In the case of kidnapping, which was committed in 2007, the Defendant submitted a complaint to the effect that, in order to escape her father’s property, the FF (F) of the K golf course president submitted the complaint to the effect that, in the court, G C (G) who was suspected of having been the owner of the F president and H (H) attorney’s death, was attached to the complaint. At the time of the instant case, G (H attorney’s misunderstanding) appears to be a clerical error.

A. The statement of witness by EC avoidance was made that he/she was aware that he/she was aware of the fact that he/she was aware of the Ma and his/her conspiracy with F, but the prosecution did not confirm the truth, etc., and the prosecutor stated the contents of the accusation submitted by EC as it is, and stated as if the complainant's assertion was credibility, thereby “F was punished by kidnapping to remove EC.

‘F’ has damaged F’ by openly pointing out false facts by preparing an article to the purport and publishing it in C newspapers.

".." The court below judged guilty of the above facts charged and sentenced to a fine of KRW 10 million to the defendant.

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