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(영문) 대구지방법원 2015.10.08 2014노3690
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. Defendant 1) The contents of the writing posted by the Defendant of mistake of facts are not false facts, and its content is merely an expression of personal opinion. 2) The act of writing the same contents as the written in the judgment of the court below by the Defendant of misunderstanding of legal principles is for the benefit of the public in relation to the official business of the official.

B. 1) In light of the ordinary meaning, context, circumstances, etc. of the notice on this part of the misapprehension of the legal principle, the content of this part of the notice constitutes a statement of false facts, not a simple expression of opinion. 2) The sentence imposed by the lower court on the Defendant (the suspension of sentence of a fine of KRW 500,000,000,000,000,000 won) is too un

2. Determination

A. In light of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the court below and the court below's decision on the 1st argument of mistake regarding the defendant's assertion, the contents of each of the comments in this case are facts that can be proved by evidence, not by simple expression of opinion, and their falsity is sufficiently recognized. The defendant's assertion on this part is without merit.

① The content of the instant notice itself by itself, the victims conspired to forge a document.

It is difficult to see that it interferes with the management entity's business by illegally acquiring internal documents, etc. or by illegally auditing illegal acts deviating from the business law, and it is merely a simple expression of opinion.

② In relation to the meeting minutes of a representative meeting of occupants, the defendant himself/herself made a statement in the investigative agency to the effect that it is nothing more than one private person of victims in the meeting minutes.

(3) In relation to other matters, Article 21 (5) of the Enforcement Rule of the Housing Act shall include management expenses, user fees, long-term repair appropriations, etc.

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