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(영문) 인천지방법원 2018.02.14 2017노4452
명예훼손
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts did not make the same remarks as indicated in the facts charged of this case.

Even if the defendant made such a statement, it was not false, but there was no awareness of falsity because the victim received the cost of selling in kind from the occupant company.

In addition, the defendant did not have the intention of slandering or defamation because he asked F to confirm whether he had received the cost of selling goods from one damaged person.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence that the court below sentenced to the defendant (2 million won a penalty) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the Defendant, even though having been aware that the victim did not have paid the cost of the purchase in cash, was aware that he received the cost of the purchase in cash and received the cost of the purchase in cash. As such, it is recognized that the Defendant, who is an employee of the customer, had the intent to receive and use the cost of the purchase in cash, made the statement in the facts charged, thereby impairing the victim’s reputation by openly pointing out false facts as indicated in the facts charged

Therefore, the defendant's assertion of mistake as to the above facts is without merit.

B. Considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even in light of the circumstances asserted by the Defendant on the grounds of appeal.

3. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The costs of the trial in accordance with Article 191 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act are the defendant.

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