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(영문) 의정부지방법원 2018.07.26 2017노2702
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that the misunderstanding of the facts and the legal principles are false relations is that the senior citizens are already aware of the fact that the senior citizens are already aware of the fact from the victim C, and the defendant considered that the victim F is incapable of being the defendant and that the senior citizens are the president of the senior citizens' association. The defendant made the statement in this case in order to attract the inappropriate behavior of the victim F. Thus, the defendant's act is solely for the public interest and thus the illegality is excluded under Article 310 of the Criminal

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the lower court determined as to the same purport as the grounds for appeal, in light of the following: (i) the Defendant, without any basis as to whether the victims are in in in incompetence relations, made the statements as indicated in the facts charged in the instant case before members; and (ii) the Defendant, at the police, stated that the Defendant was aware from the Victim F that the Defendant was not qualified as the Chairperson, and that the Defendant’s statement on the grounds for the statement as indicated in the facts charged in the instant case was made, thereby impairing the honor of the victims by

Considering that it is judged, it rejected this.

The lower court stated to the effect that the following circumstances were met by the evidence duly admitted and investigated by the lower court and the first instance court, namely, the witness R made a statement to the effect that “the victim C had talked about the sexual relationship with the victim F in the place where M, T, U, and R, etc. was located” at the court of the first instance, but the prosecutor again made such a statement at any time and at any time.

“I cannot give specific answers to the person who was asked for, and on the other hand, I did not have any such person on the job.”

A statement is made by the presiding judge, and the sexual relationship is between the male and female.

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