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(영문) 전주지방법원 2018.12.13 2017노1081
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles or misunderstanding of the facts (a.e., defamation by publicly alleging false facts) (1) the Defendant’s “victimd the victim’s house” in the instant document.

The phrase “the victim” refers to the fact that the victim illegally changed a part of the building into an illegal one, and thus does not indicate any false fact (see Article 1 of the Act). (2) The Defendant did not have any intention to defame the victim by referring to the fact relevance in the process of making a request for assistance to a workplace company or journalist who could have an impact on the victim due to the victim’s failure to contact himself/herself (see Article 2 of the Act). (3) The Defendant did not have any intention to defame the victim by referring to the inevitable reference of the fact relevance in the process of making a request for assistance to a workplace company or journalist (see Article 2 of the Act). Since the F does not have any reason to spread the corruption of the relevant tax official

Even if a large number of lessees operating in H are acting for the public interest purpose of enhancing the quality of the goods provided in H, illegality is dismissed (see No. 4 assertion). (b) The punishment of the lower court which was unfair in sentencing (the penalty amount of KRW 2 million) is too heavy.

2. The lower court recognized the Defendant’s conviction of each of the crimes of defamation and intimidation around February 2015 and around March 2015, and sentenced the Defendant not guilty as to defamation around January 2015. The lower court’s judgment did not appeal but appealed only by the Defendant. As such, the part of the lower judgment’s conviction except the portion of innocence is included in the judgment of this court.

3. Determination

A. 1) The Defendant asserted the same purport as the head of Nos. 1 through 3 among the grounds for appeal in this part by the lower court. The lower court determined whether to acknowledge false facts or not, under the title of “determination on the Defendant and his defense counsel’s assertion”, and “determination on the existence of intentional act of defamation” and “determination on the existence of intentional act of defamation.”

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