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(영문) 인천지방법원 2018.09.14 2018노208
명예훼손
Text

All judgment of the court below shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Of the facts charged of this case, the facts charged of this case are as follows.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the first instance trial of KRW 1, 10, shown the Spanish language campaign written by the victim to G and H, stating that “the value of the flight aircraft differs,” and did not make any speech as stated in the facts constituting the crime of the first instance judgment, and there was no intention to impair the honor of the victim.

2) At the time of the second instance trial, the Defendant at the time of the second instance trial: F. F. “S. on the dwarf’s side”

The phrase " merely stated to the effect that it was a ", and did not have such words as stated in the facts constituting a crime in the second instance judgment, and even if so, such words were given.

Even if there was no perception that it is false, and there was no possibility of dissemination.

B. The sentence of the lower court’s improper sentencing (a fine of one million won each) is too unreasonable.

2. Judgment on the misunderstanding of facts or misapprehension of legal principles as to the first instance judgment

A. On September 28, 2016, the Defendant’s summary of this part of the facts charged shows the victim E’s “Span English camp settlement report” that was stored in a cell phone at the Spanish site in the “Spanish,” while showing that the victim E did not bring about fraud by releasing the value of the aircraft in connection with the Spanish, the Defendant would not bring about fraud.

C. It was false, which caused fraud on the part of the Spanish flight aircraft table.

“.....”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

B. The facts constituting the elements of the crime charged in a criminal trial related to a false factual injury are the prosecutor who bears the burden of proof, whether it is a subjective requirement or an objective requirement. Thus, in the case prosecuted for a crime of defamation by a false factual injury under Article 307(2) of the Criminal Act, the fact that the person’s social evaluation was stated.

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