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(영문) 대전지방법원 2018.07.05 2017노3587
명예훼손등
Text

The defendant's appeal is dismissed.

The costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The fact that the Defendant, misunderstanding of the legal principles, stated to I, J, and K about the problems of the G Child Care Center (hereinafter “Child Care Center”) such as the sanitary defect and emotional abuse as stated in paragraph 1 of the instant facts charged.

However, the problem of the child care center of this case, which the defendant told, is not false but true, so the act of the defendant does not constitute the element of the crime of interference with business, and the defendant merely refers to the problem of the child care center of this case for the public interest, so the illegality of the crime of defamation

The court below erred by misapprehending the facts and misapprehension of the legal principles.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances, the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles is difficult to deem that the problem of child care centers of this case, which the Defendant stated to K, I, and J, is true.

A) The Defendant’s statement to K, I, and J as a matter of child care centers of this case is not only objective data that can be deemed true, but also there is no statement corresponding thereto.

B) Rather, the lower court’s witness K testified that “the Defendant’s remarks from the Defendant that she would have her voice,” and “CCTV” were 100% of the Defendant’s horses. At first, the Defendant believed that she was 100% of the Defendant’s horses, and that she was said to have confirmed CCTV later, and that she was the Defendant.” At the time, the Defendant sent the Defendant a Stockholm message that she was her president (victim) forced to attract her hand and that she was going to go to S.,” and “the Defendant testifieded that her horses were all false.”

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