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(영문) 수원지방법원 2014.03.13 2013노5337
명예훼손
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The defendant's act is not a crime because the defendant's act is true and solely for the public interest at the time of one person's demonstration.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case is an employee of C Co., Ltd. who was in charge of real estate consulting and trading at C Co., Ltd., and the victim D is the representative director of the said Co., Ltd., and the Defendant is the defendant around December 5, 2012, around December 6, 2012, around December 7, 12, and around December 7, 199, 40 employees of Guro-gu Seoul E Co., Ltd., who were in charge of commuting and commuting, and

C Company D Representatives are accused of criminal charge.

A criminal charge is filed against a representative who takes a large amount of increase in KRW 21 million that has been sold in bulk 9.9 million.

Wurged representatives who are not in monthly salary and who are not in monthly salary.

The number of purchase shall be 30%-20%-10%, and the number shall be changed unfairly.

Along with the fact that a complaint was filed, the person who was responsible for the filing of the complaint shall be bound by all the employees.

The team dissolution business loss is responsible.

L. 1,000 won 1,000 won '10,000 won' is indicated as “10,000 won”.

section 60

땅. 두 마리 토끼 수익이 용돈 되는 투자 거짓 번번히 말 바꾸는 대표. 증거가 예라고 있는데. 전무 F와 짜고 악의적으로 팀 해체를 한 대표 진실을 밝힙시다.

The name of the complainant was damaged by publicly pointing out facts by using a ticket stating the content of the "" and conducting a single-person demonstration.

B. The lower court found the Defendant guilty of the instant facts charged based on the evidence presented by the lower court.

3. The judgment of this Court

A. Article 307 and Article 309 of the Criminal Act provides for a different statutory penalty for a crime related to honor depending on whether the facts stated in Articles 307 and 309 are true or false, and Article 310 provides that if the facts are true and solely for the public interest, the punishment shall not be imposed.

In this context, the "defensive fact" is true.

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