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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2017.05.26 2016노1671
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant’s timely statement is true, not false, and cannot be deemed as a content that may undermine the victim’s social value or assessment, and there was no intention to impair the honor of the victim.

Nevertheless, the lower court erred by misapprehending the facts and thereby pronounced guilty against the Defendant.

2. The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the Defendant’s horse stated in the facts charged of the instant case requires rebates to the Defendant and the victimized person was working for the victim F.

D) The main contents of abrupt ( dismissed) are: (2) at the time the injured party was not required to make a rebates directly to the Defendant; and (c) the victim was required to make a rebates on the O’s statement alone.

It is difficult to see that the victim was working at the time of the Defendant’s statement as stated in the facts charged of this case.

Although there was a written complaint that the T sector of D would be M, the victim still worked in D, and there was no specific circumstance that the victim would be dismissed in D, ④ the fact that the victim demanded rebates from the subcontractor or was dismissed from the subcontractor by taking advantage of his/her position is obvious that the victim's credit, suspension from office, job ability, etc. would undermine social value or evaluation, such as the victim's reputation, suspension from office, and job ability, and the defendant would have been sufficiently aware of these circumstances, and ⑤ the defendant demanded rebates on July 7, 2015.

In full view of the fact that one of the facts stated in the instant facts charged continues to exist after receiving a claim from the injured party, it is recognized that the statement by the accused is false and thereby may undermine the social value or assessment of the injured party, and the accused is the victim.

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