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(영문) 인천지방법원 2013.04.19 2012노3667
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty on the ground that the defendant did not prepare the documents of this case and did not attach them, and even though the contents stated in the documents were true, the defendant prepared and attached the documents containing false contents, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s punishment (a fine of KRW 4 million) against the Defendant is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of facts. ① The main contents of the document of this case (No. 120 paper No. 120) are that the Defendant suffered damage from the victim or the husband of the victim, and thus, the Defendant argued that the victim had taken Handphones. On November 14, 2011, the victim’s husband took night duty and had a dispute with the Defendant. The victim, the president of the shopping district management body, notified the president of the Defendant’s dismissal to G around January 201, entered the Defendant’s name as K, and the Defendant’s name was printed on the document of this case (No. 120 paper No. 120), and the date on which this case occurred, which was the last day of the date on which the Defendant was removed from the victim, and that the Defendant did not appear to have worked as the CCTV for more than 16th day after the date on which the Defendant was removed from the victim’s office.

In addition, the appearance of an elevator was taken from the first basement level (the defendant recycles the advertising site, etc. abandoned at a private teaching institute).

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