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(영문) 부산지방법원 2015.10.30 2015노2968
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal found the Defendant guilty of the facts charged of this case, but the Defendant did not provide F with the statement that “A victim E was subject to a fine of KRW 70 million.” Thus, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. The court below found guilty of the facts charged of this case, and comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, it can be sufficiently recognized that the defendant defames the victim by openly pointing out false facts as stated in the facts of the crime in the judgment below and destroying the victim's reputation.

Therefore, the defendant's assertion is without merit.

(1) A witness F of the lower court, the most important evidence, consistently states that the Defendant said the same as the instant facts charged, and there is no particular contradiction in light of various circumstances, such as the victim’s statement, etc.

(2) On the other hand, around November 21, 2014, the Defendant, at around 16:05, stated the following as follows: (a) on the conversation between F and F in front of the instant apartment site 1, the Defendant was responsible for the dialogue between F in front of the instant apartment site and F.

According to the entry of the K K's Busan Busan Metropolitan City newsletter (No. 65 of the evidence record), the president of the council of occupants' representatives of ideas-gu D apartment council shall be the victim E under the title of "L". It is recognized that the article was prepared and distributed in the appellate court of the damages suit filed by the Busan Metropolitan City Council against E (59), the former president of the council of occupants' representatives, who caused damage to the residents by illegal business conduct, was judged to have won a part of KRW 90 million in the damages suit filed by the Busan Metropolitan City Council against E (59), the former president of the council.

(4) Comprehensively taking into account the circumstances above, the Defendant.

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