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(영문) 수원지방법원 2017.06.16 2016노6885
명예훼손
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The illegality of the Defendant’s alleged fact-finding is dismissed as it is true and related to the public interest.

Since the defendant knew the facts about the victim D only to the workplace of the victimized party, the performance is not recognized.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of the facts charged in the instant case is a person engaged in leasing business.

After the Defendant suffered from the fraud from C, the Defendant was refused to demand the victim D (n, 49 years of age) who conspired with C to pay damages on behalf of C, and the fact was that the victimized person resigned for personal reasons rather than being dismissed due to privacy problems in E-type work, which is the relocated work place, and the victim was not misrepresentation of his will. Despite the absence of the fact that the victim was not misrepresentation of his will, the Defendant saw the victim’s intention to the head and the employees of the Fe-type hospital and the hospital and the employees of the victim, and tried to spread the door as if the victim was dismissed in the previous work place by misrepresenting the intention of the victim, and by doing so.

1) On March 5, 2015, the Defendant called “F sexual surgery” G in Bupyeong-gu, Seocheon-gu, Seocheon-gu, 2015, and Hah’s staff members of the hospital “D is frighting and living together with the remaining father and son.”

Along with the unfolded relationship, I am special.

“....” and “E E E E-type surgery prevents from being off to D.

The image of the hospital shall be discarded and no more than one shall be the president.

“If you drink South Korea’s U.S. father-Nam, I do not think of it, and e.g., to see the denying test.

“The honor of the victim was damaged by openly pointing out false facts.”

2) On May 15, 2015, the Defendant complained of the unlawful act D in the thickness of the head of the kindergarten as a computer at the Defendant’s residence located in Yongsan-si I on May 15, 2015.

Since 2012, D is snick as if he was a doctor while carrying the name of E and vice-presidents from 2012.

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