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(영문) 대구지방법원 2019.07.26 2019노377
명예훼손등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's act is justified because it is solely for the public interest of the company.

B. Prosecutor 1) In the e-mail content sent by a misunderstanding of facts to the employees of the company, the part of “voluntary execution and embezzlement of the company’s assets” was false, but the judgment of the court below acquitted this part of the facts charged and found the Defendant guilty of defamation by factual negligence, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts. 2) The sentence of the court below sentenced by an unreasonable sentencing decision (hereinafter “fine 8

2. Determination

A. The court below rejected the defendant's assertion and his defense counsel's assertion in detail under the title of "decision on the defendant's assertion" in the court below's judgment on the defendant's assertion as the grounds for appeal. In full view of the evidence duly adopted and examined in the court below and the court below, the above fact-finding and judgment of the court below are just and acceptable, and the defendant's act does not constitute "when it comes to the public interest."

Therefore, the defendant's assertion is without merit.

B. The prosecutor’s assertion 1) The facts constituting the elements of the crime charged in the relevant legal doctrine are the prosecutor’s burden of proof, whether it is a subjective requirement or an objective requirement. As such, in the case prosecuted for defamation by a publicly alleging false facts under Article 307(2) of the Criminal Act, the fact that the public allegation was revealed, and the fact that the public allegation was not consistent with the objective truth, and that the Defendant knew that the publicly alleged facts were false, and that the public allegation was made, all of the prosecutor must prove, and in this case, the alleged facts.

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