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(영문) 수원지방법원 2017.12.14 2017노3727
명예훼손
Text

The judgment of the court below is reversed.

The defendant shall publicly announce the summary of the judgment above against the defendant not guilty.

Reasons

1. Summary of grounds for appeal;

A. On July 18, 2016, the Defendant made a statement to the extent that he or she exercised due care in order to prevent the occurrence of a public embezzlement incident at a meeting with D gas station employees, and did not make a statement on the I’s embezzlement, such as the facts charged.

2) On August 15, 2016, the Defendant “I has embezzled public funds.”

“A company will withdraw the legal procedures” by continuing to question “A company.”

C. The answer was made only in the form of intelligence, and there was no specific statement about I as stated in this part of the facts charged.

3) Even if the Defendant made a statement as stated in each of the facts charged in the instant case, the Defendant made the statement.

However, the illegality is excluded in accordance with Article 310 of the Criminal Code because it is merely a reference to the embezzlement of I in the process of giving attention to the employees or responding to the questions of the J.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. A. On July 18, 2016, the Defendant defamationd the Defendant on July 18, 2016 of the facts charged of each of the instant facts charged at the location of staff E, F, G, H, etc. in the “D gas station” located in E, F, G, and H, E, etc. in the “D gas station” located in E, E, E, E, and I, but I, the Vice Director embezzled public funds.

I The Deputy Director shall drive away the gas station money by embezzlement.

It clearly shows what the words of the person who embezzled public funds are.

“The honor of the victim I was damaged by the expression “....”

2) On August 15, 2016, the Defendant of defamation, at around 03:30, August 15, 2016, at the “D gas station” room located in Ischeon-si C, Echeon-si, J “I intended to B.

I has artificially contributed to public funds.

I sent I to prison.

“The honor of the victim I was damaged by the expression “....”

B. The lower court found the Defendant guilty of each of the instant charges based on the evidence in its judgment.

(c)

On July 2016, 2016

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