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(영문) 울산지방법원 2016.01.29 2015노1179
명예훼손
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Since the facts alleged by the Defendant are true facts and solely for public interest, the illegality is excluded pursuant to Article 310 of the Criminal Act. The Defendant’s act constitutes an act arising from the duties of multiple labor union chairperson or a justifiable act that does not go against social norms, and thus, the illegality is also excluded.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of judgment

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The lower court determined that, in light of the method, contents, and circumstances of the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court (hereinafter “the instant evidence”), it recognized that the contents of the inducement prepared by the Defendant were false, and believed that the Defendant was able to believe that the content of the inducement was true.

It is difficult to see, and furthermore, it is believed as such.

Even if there were reasonable grounds for this.

It is difficult to see the judgment of the defendant, and it cannot be deemed that the act of the defendant does not constitute a justifiable act or an illegal act as provided in Article 310 of the Criminal Act, and it found the defendant guilty

B. (1) In determining whether the alleged facts are false or not, in determining whether the alleged facts are false or not, the overall purport of the alleged facts should be examined. The main purpose of the part of the facts charged out of the contents of the instant inducement produced and posted or distributed by the Defendant is “D existing trade union in which the victim E is its chairperson” (hereinafter “existing trade union”).

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