beta
Text
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of five hundred thousand won.
Reasons
1. Summary of grounds for appeal;
A. In full view of the following circumstances, the lower court erred by misapprehending the facts and thereby acquitted the Defendants.
The gist of the Defendants’ remarks and actions is that “the victim sent a false notice and caused the loss to be issued by attracting the fluent stones, which is the end of a lawsuit, to the end of a simple meeting.” The victim did not send a false notice in that he/she lawfully performed the litigation affairs based on the authority delegated by the resolution of the board of directors to delegate the progress of the lawsuit to the executive organ. Therefore, the Defendants breached the honor of the victim by pointing out false information.
It is reasonable to view it.
On April 29, 2016, the Defendants used the expression “grounds for disciplinary action” and “using the money of a family-friendly meeting with no resolution of the board of directors or the general meeting despite the expiration of the lawsuit,” etc. In short, the Defendants cannot be deemed to have expressed their opinions only on the part where the litigation costs and rents were incurred.
B. The sentence against Defendant A who is unfair in sentencing (a sum of KRW 700,000) is too unhued and unfair.
2. On April 29, 2016, the ex officio determination prosecutor decided to delegate to the executive organ the matters related to the progress of the lawsuit by the victim D and the aforementioned participants at the meeting of the temporary board of directors held on November 5, 2012, the facts charged of defamation against Defendant A at the office of the branch of the family council in Seoul Special Metropolitan City P on April 29, 2016, and the facts charged at the office of the branch of the family council in Seoul Special Metropolitan City P on November 5, 2012. The victim did not send a false notice to the executive organ. Accordingly, the victim did not have sent a false notice to the executive organ of the case by attending the above branch of the family council E, F and G members.