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(영문) 의정부지방법원 2016.01.19 2015노1531
명예훼손
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant resides in Soyang-gu Kuyang-gu C.

On December 3, 2013, the Defendant damaged the victim’s reputation by making a false statement to the effect that “E was sent to the staff F of LH work after on-site inspection of the victim E’s name in front of the house managed by LH work, and that “E was sent in relation to the fire accident that occurred on the mother in front of Seoyang-gu, Seoyang-gu, Yangyang-gu.”

2. The lower court found the Defendant guilty of the above charges by taking account of the evidence as indicated in its judgment.

However, among the facts charged, the part of the "in the case where a female is heard" was not recorded in the facts constituting a crime on the ground that there is no evidence to acknowledge it.

3. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles: The Defendant only delivered the F’s speech (E or G’s payment of fire) from J to F’s inquiry.

Therefore, E was not in good faith as stated in the facts charged.

there is no fluorous statement.

In addition, there was no intention of defamation, and there was no performance (the possibility of dissemination).

B. Improper sentencing: The lower court’s punishment (the amount of KRW 500,000) is excessive and unlawful in light of the circumstances of the case, even if it is found guilty.

4. Determination on whether a deliberation was made

A. We examine what the Defendant made and whether it constitutes a statement of fact.

1) The phrase “statement of fact” in the crime of defamation refers to a report or statement on a specific past or present fact in time and space, and the content of the statement refers to a document that can be proved by evidence, and in distinguishing between facts and authorization of opinion, the ordinary meaning and usage of language, possibility of proof, the context in which the language in question is used, is used.

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