logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.05.26 2016노1346
명예훼손
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ mistake of facts and misapprehension of the legal principles are justified in accordance with Article 310 of the Criminal Act, since they are true facts that are not false and solely for the public interest.

B. In light of the various sentencing conditions in the instant case, the sentence of a fine of KRW 2 million imposed by the lower court against the Defendants is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendants asserted the same purport at the lower court, and the lower court duly adopted and examined the following circumstances, i.e.,: (a) the Defendants, as the executive officers of the H merchant’s association, were in conflict with the victim, who is the president of the E Commercial Building Management Group, and the above issues surrounding the operation of the said commercial building; (b) the Defendants, upon reporting by the newspaper articles, concluded the Convention (MOU, hereinafter “the instant Convention”) with which the E Commercial Building Management Organization contributed to the “G”); and (c) interviewed the victims; and (d) confirmed the fact that the funding was expected to be made from the victims through a resolution of the management subdivision’s representative committee; and (c) in fact, the instant Convention was amended or terminated if the Defendants failed to implement the agreement due to the circumstances of the management team; and (e) the expenditure of the management team was also made on October 6, 2015 by preparing a false resolution and making it possible for the Defendants to verify the facts and details of the agreement.

arrow