Text
1. Of the judgment of the court of first instance, the portion of the judgment against the Plaintiff corresponding to the money ordering additional payment shall be revoked.
Reasons
1. Basic facts
A. Plaintiff A was a person who was selected as a candidate for the president of the EFF in the first time election of the head of the EFF, which was conducted on March 11, 2015, with the former president of the EF, and the latter was the spouse of Plaintiff A, and the Defendants were the members of the EF.
B. Defendant C stated to the effect that, around November 9, 2014, Defendant C received agricultural materials delivery at his own house, that “The Plaintiff was in infinite relationship with EF personnel, and was prevented from being given cash KRW 30 million to G, the husband of the said female employee, and that, at that time, Defendant C received KRW 30 million if G did not receive KRW 30 million, the Plaintiff would receive KRW 100 million.”
C. On November 2014, Defendant C stated, “Igre, the president of the EFFFFFFFFFFFFFFFFFFFFFFF at the front of the HFFH office, and whether Igre, “Igre, the president of the EFFFFF, the Plaintiff A, the president of the EFFFFFFFFF, would have his wife and play in G. Igre, the president of the EFFFFFFFFFF.”
Around October 2014, Defendant D asked C to the effect that “I am the wife and wind of G who is a female employee of the Plaintiff,” at the front parking lot of the H-Myeon Office, the next H-Myeon Office.”
E. The Defendants were indicted pursuant to the Daegu District Court Decision 2015Kadan909, Daegu Kimcheon-gu, 2015Kadan909, on the grounds that “the Defendants had damaged the honor of Plaintiff A by openly pointing out false facts with the aim of preventing Plaintiff A from being elected, as described in the above paragraphs (b) through (d).”
On January 7, 2016, the above court sentenced Defendant C to six months of imprisonment and fine of eight million won for Defendant D respectively.
The Defendants appealed against the above judgment, and the appellate court (Tgu District Court 2016No211) reversed the above judgment, and sentenced the Defendant C to six months of imprisonment with prison labor, two years of suspended execution, and six million won of fine for Defendant D, respectively.
The above judgment of the appellate court became final and conclusive around that time.