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(영문) 수원지방법원 2017.03.29 2016노5317
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal acknowledged the fact that the defendant made the same statement as the facts constituting the crime in the judgment below. However, it does not include a mere expression of opinion whether some of the contents are merely a mere expression of opinion or not, since the remaining parts are consistent with the objective truth, it does not constitute false facts. Even if the defendant's act constitutes a statement of specific facts, it constitutes a statement of fact, and thus, it is justified in accordance with Article 310 of the Criminal Act, as it merely concerns public

2. Determination

A. According to the evidence duly adopted and examined by the court below, ① E residents passed a resolution through a village management committee meeting consisting of ten village representatives with respect to important large houses in the village and notified the resolution to the village general meeting (No. 41 of the trial record, No. 19, 76, 77 of the evidence record), ② The village management committee operated H Child Care Center on December 2014.

The fact that Q has resolved to lease the E community hall (R site and its ground buildings) (the 69 pages, evidence records No. 18,26,77 of the trial record), ③ The victim, who is the head of the Tong, under the above resolution, entered into a lease contract with the amount of KRW 40 million on January 5, 2015, and monthly rent of KRW 230,000 (Evidence No. 43 of the evidence record), ④ the village general meeting was scheduled to be held on February 27, 2015, but it was known that the community general meeting was held on the telephone, etc. before the above day, and the broadcast was also held (Evidence No. 77,78 of the evidence records), ⑤ The members of the village steering committee inform the defendant that the above village general meeting should be held before the above village general meeting was held (Evidence No. 278 of the evidence).

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