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(영문) 부산지방법원 2016.06.24 2015노4583
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding and legal principles 1) The Defendant sent a postal item containing the same content as the facts stated in the lower judgment to the owner of F hotel classification, but this does not affect the victim’s social evaluation.

2) The Defendant believed that the same content as that of the facts constituting the crime in the lower judgment was true, and there was a reasonable reason to believe that it was true.

B. The punishment of the lower judgment that was unfair in sentencing (2 million won) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of fact 1) Determination as to whether there was any content affecting the social evaluation, and comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it is determined that the same content as the facts constituting the crime of the lower judgment stated in the specific facts that could impede the social value or evaluation of

Therefore, the defendant's misapprehension of facts and misapprehension of legal principles are without merit.

① The Defendant sent to approximately 40 separate hotel owners a postal item containing the same content as the facts stated in the lower judgment’s judgment. The primary content is that the victimized person would inflict damage on the owners of the above hotel classification by filing unnecessary criminal complaints and lawsuit against the Defendant, etc. in order to have the right to manage the hotel.

② The mail sent by the Defendant indicates that “the victim’s side is “the ability to support the management right of a hotel” and includes the content that the victim constantly instigates the victim to destroy the base of his/her life, or makes him/her attack or threaten his/her life.”

③ The Defendant sent the said mail to the effect that the victimized person was committing an illegal and unreasonable act.

2) Article 310 of the Criminal Act regarding the dismissal of illegality under Article 310 of the Criminal Act is a true fact with respect to Article 307(1).

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