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(영문) 청주지방법원 2017.07.21 2016노1539
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in this case, which the court below acquitted, is as follows.

The defendant is a person who was the head of C's interest C's Trade Union Chairperson of C's Motor Vehicle.

On March 28, 2016, the Defendant, within the C Office located in Jincheon-gun, Jincheon-gun, Jincheon-gun on March 28, 2016, used the victim E who had been employed in the said company after having interview, listened to unfounded lawsuits against the victim, and was true and genuine. As such, “H embezzled profits at the former workplace,” and “H embezzled profits at the former workplace,” and the head of the said company, who could not help the company to spread bad perception due to bad faith, damaged the victim’s reputation by openly pointing out false facts.

B. The lower court rendered a not-guilty verdict on the instant facts charged to the following purport.

According to the evidence duly adopted and examined by this court, the fact that the defendant told the victim as stated in the above facts charged is recognized by the defendant to the F of Standing Department G.

However, the following circumstances revealed by the record: (a) At the time, the victim was during the internship period for employment in C; (b) the defendant, as the chairperson of the Trade Union and Labor Relations Adjustment Board, listens to the lawsuits against the victim as stated in the above facts charged; and (c) the defendant, as the chairperson of the Trade Union and Labor Relations Adjustment Board, requests the person in charge of personnel management in C to confirm the facts before the appointment of the victim; and (d) the above regular executive fund or the head of the Trade Department G, within the company, may spread the above contents externally.

It is difficult to see that there is a performance, and there is no evidence to acknowledge that there is a performance.

2. According to the record of this case’s reasoning of appeal, the Defendant’s talked with F and G as the facts charged, and F and G comments.

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