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(영문) 대전지방법원 2020.04.08 2019노2431
명예훼손
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of this part of the facts charged, which is not false because of the fact-finding or misunderstanding of legal principles, and is related to the public interest of the occupants of apartment houses, and thus dismissed its illegality. The judgment of the court below is erroneous in the misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. On March 21, 2018, the lower court found the Defendant guilty of the part concerning defamation due to a false statement of false facts caused by the speaking that “the representative of occupants and their executives received a bribe” on March 21, 2018, and found the Defendant guilty of the part concerning defamation due to a false statement of false facts, and sentenced a fine of KRW 2 million on March 1, 2018, and on March 21, 2018, due to the speaking that concluded a negotiated contract without a public notice of tender announcement, the lower court found the Defendant guilty of the part regarding defamation due to a false statement of false facts.

Therefore, although the part of the judgment of the court below which was not guilty in accordance with the principle of no appeal by the principle of no appeal by the court below, the part is not subject to adjudication by the party from the object of attack and defense (see Supreme Court Decision 90Do2820, Mar. 12, 1991). The judgment of the court below is to be limited to the guilty part among the

B. The summary of the facts charged is that the defendant is the resident of B apartment in the public city, and the victim C is the representative of the tenant of B apartment.

1. From March 1, 2018 to 14:00 on to March 1, 2018, the Defendant, in the broadcasting room of “B apartment”, the Defendant, despite the fact that the victim, who is the representative of occupants, did not cause damage to the occupants, will use broadcasting machinery to make the entire households of the apartment, “the representative of the occupants, who caused damage to the occupants, and will cause damage to the occupants,” and the Defendant will make the entire households of the apartment, using the broadcasting machinery. In short, the Defendant’s broadcast is 16:00 to the elderly administration.”

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