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(영문) 서울중앙지방법원 2013.08.09 2013노1800
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. misunderstanding of facts, misunderstanding of legal principles, the Defendant sent a newsletter (hereinafter “instant newsletter”) containing the content that “the chief of the cooperative, the chief of the general affairs, directors, and auditors, etc. shall not have a healthy and mentally healthy person,” in the name of “C Property Manager” (hereinafter “C Property Manager”) in relation to the redevelopment of the Seongbuk-gu Seoul Housing, Seongbuk-gu Seoul, and thus, an executive officer, such as the chief of the cooperative, the chief of the association, the director, and the auditor, shall not be deemed to have a healthy person, for instance, a person who is able to work for the hearing aid of returning home, may have a healthy person.” However, at the time, there was no intention to commit defamation against the victim, since he did not know that the victim D had no intention to participate in an election for

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated in the court below's determination on the assertion of mistake of facts and misapprehension of legal principles, i.e., ① the executive branch of the rearrangement association that the project should be continued to be maintained in connection with the redevelopment of C and the guardian, who is a meeting of the opposing members, were in conflict with each other. ② The current executive branch such as F and the victim, etc. was continuously demanded by the rearrangement association executive branch to implement the election of executive officers at the time, even though the term of office of the executive branch of the rearrangement association at the time of June 5, 2012, was expired, even though the term of office of the executive branch of the rearrangement association was expired, the current executive branch such as F and the victim did not have any specific schedule for the election of executive officers at the time. However, the Defendant used the phrase "the election of executive officers at this time" in the instant newsletter, and under the premise that the instant newsletter is scheduled to be an election of executive officers at the time (the title 16 of the Investigation Record).

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