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(영문) 수원지방법원 2019.10.18 2019노3847
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant did not participate in the posting of the instant banner, and the content of the banner is not false.

The sentence of unfair sentencing (2 million won of fine, one year of suspended execution) of the lower court is too unreasonable.

Judgment

The defendant argued to the same effect in the judgment of the court below, and the court below rejected this in the summary of evidence.

Examining the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below in light of the circumstances stated by the court below, the court below’s finding and determination of the facts is justifiable. Therefore, this part of the defendant’s assertion is without merit.

① At the lower court’s decision, F removed the instant banner posted on November 24, 2017 at the management office, and thereafter, F stated that the management office left the Defendant’s name from among the instant banner, and then posted it again with H and neighbor I, her husband, at night on December 2, 2017, at the night. H and I stated to the same purport in the lower court’s decision.

(However, I stated that the content of the banner posted at the time is not memory. However, according to the defendant, F, and G investigation agency's statement, investigation report (Evidence No. 63 pages) on the producer of the banner of this case, M initially posted the banner of this case at the request of the client, and then posted it again at the request of the client, while being removed and stored in the vehicle (the defendant et al. stated that 40,000 won was borne with additional charges). Since the defendant, F, and G were not at the site at the time of re-publication, it is inconsistent with the F et al.'s legal statement on the background of re-publication of the banner of this case.

② On December 2, 2017, F shall be separately from the instant banner, “The Korea Land and Housing Corporation shall replace the controlled controlled enterprise management committee, which creates residents, - the resident-day Dong -”, and “the management company in charge of the instant banner” shall be determined to residents.

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