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(영문) 서울동부지방법원 2017.06.16 2016노1738
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) has not prepared or dispatched a postal item of the instant facts charged, and the content of the postal item conforms to the truth and accords with the public interest of the members.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby impairing the honor of the victims due to false facts by sending the above mail.

In other words, the court has determined the person.

2. According to the evidence duly adopted and examined by the court below, the defendant prepared and sent the mail of the facts charged in this case, the victims were confirmed as the objects of sale by the Housing Redevelopment Project Association's recommendation or decision of the Seoul Administrative Court's settlement recommendation or the Seoul Administrative Court's decision, and there was no ground to suspect that unlawful act was involved in the process of the association's entrustment with the president, so the above mail's contents were false, and the defendant also knew that the contents of the above mail were false because he was well aware of the process during which the victims were identified as the objects of sale. In the case of impairing a person's reputation by pointing out false facts, Article 310 of the Criminal Act concerning the denial of illegality is not applicable. Thus, the facts charged

Therefore, the judgment of the court below which convicted the defendant in the above purport is just, and there is a mistake of misunderstanding the facts alleged by the defendant or misunderstanding the legal principles.

subsection (b) of this section.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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