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(영문) 춘천지방법원 2020.07.24 2019노791
명예훼손
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant did not mean that “if he became aware of the party, he would have become aware of the party” or speaked with the victim specified in the facts charged. 2) Even if the Defendant told as stated in the facts charged, this does not constitute a case where the Defendant publicly stated specific facts sufficient to impair the honor.

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

2. Judgment on misconception of facts and misapprehension of legal principles

A. The summary of the facts charged is that the Defendant is the Chapter B of Chuncheon City.

around 19:00 on April 28, 2018, the Defendant damaged the victim’s reputation by openly pointing out false facts by openly pointing out false facts, even though there was no accusation by the victim C as a violation of the Building Act on Chuncheon viewing, there was no fact that the victim C filed a complaint with the Defendant as a violation of the Building Act, by 6-7 community executives.

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

C. In order to establish the crime of defamation of the 1-related legal doctrine, there should be a statement of fact in order to establish the crime of defamation of the 1-related legal doctrine, and the alleged fact should be so that it may infringe on the social value or assessment of a specific person. Although a false statement of fact was made, if the false fact may infringe on the social value or assessment of a specific person, the crime of defamation of Article 307 of the Criminal Act is not established

Any person who suspects an offense may file a complaint when he/she considers such a complaint to be an offense, so the fact that a certain person filed a complaint is aware of such offense alone does not lead to a violation of the social value or assessment of the complainant. However, the motive and circumstances of the accusation are inconsistent.

(b).

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