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(영문) 춘천지방법원 강릉지원 2018.09.06 2018노141
명예훼손
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing) is to hear the litigation that the victim of the passbook was not related to the determined railway and railway construction in relation to the filing of a civil petition by demanding the F Company to dissatisfing the public interest, and whether the F Company is not dissatisfying because the head of the passbook was not related to the determined railway and railway construction.

"I see that the injured party opposed to the wide passage gambling," and "I see that there is no reason to oppose the head of the Tong to make the passage gambling in the fourth line, but there is no reason to oppose the village residents to file a complaint."

“Along with the fact that the Defendant was the subject of the application for the Livestock Industry Closure Fund, the documents were not received, and the documents were not received.”

As such, the head of the Tong only stated the document as "the document was received."

There is a performance in which the residents of the village have been in the site at the time are over 13.

It is not possible to see that there is a statement of specific fact because it is not enough for unspecified persons or many people to understand the content thereof by making the above remarks without mentioning the situation before and after.

It is difficult to see that the defendant made the above statement in the process of expressing the complaint about the fact that the victim did not properly perform his/her duties as a passbook, and therefore there is no intention of defamation and there is no possibility of constituting the crime of defamation.

Even if the composition requirement is recognized, the illegality is excluded because the defendant's expression of a complaint at the seat of the village conference is a legitimate act that is naturally possible as a resident and that does not violate the social norms.

Defendant guilty

Even if the court below's punishment (one million won) is too unreasonable, it is too unreasonable.

2. Determination

A. It is recognized by the evidence duly adopted and examined by the lower court on the part of the lower court’s misapprehension of facts and legal doctrine.

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