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(영문) 서울동부지방법원 2017.04.27 2016노1752
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: “The Defendant has evidence demanding this E business entity H to KRW 300 million.

The honor of E was damaged by the expression "to show the relevant evidentiary documents".

2. The summary of the facts charged is that the defendant is a member of the D clan, and that E is the chairperson of the above clan.

On June 12, 2015, in the course of concluding a lease agreement that leases KRW 30 million for rent of KRW 30 years and rent of KRW 540 million to G around May 14, 2012, the Defendant was demanding KRW 300 million to H, the father of G, for the cost of concluding the lease agreement (the back payment) in consideration of the conclusion of the lease agreement, in the course of the lease agreement that leases KRW 30 million for rent of KRW 540,000,000,000, from among the members of the Suwon District Court, located in 70,000 a.m. (the closed payment) of the said clan, in front of the entrance of the Suwon District Court’s Ansan Branch branch, which was located in 17:40, Jun. 12,

There is evidence that this E business entity H demands KRW 300,000 to the other doubtful sound.

The phrase “to present the evidentiary documents.........”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

3. The lower court determined that E made a statement to the effect that “I sent the entrance of the office building after the trial was completed, and discovered the conduct thereof,” and according to the video (Evidence No. 1) taken by the Defendant’s defense counsel at the time of the instant case, E is based on the Defendant’s entrance to the court, and the Defendant sent the door to E when I sent the front sperm of the court.

“The face of the page” is confirmed, and the Defendant “to produce” in the video at the request of E to produce evidence.

Taking into account the fact that the Defendant’s remarks other than the phrase “” cannot be seen, it is difficult to acknowledge that the Defendant made the same remarks as the facts charged, and there is no other evidence to acknowledge it, and furthermore, there is “I see” made by the Defendant.

The phrase “” refers to the purport that “I present this point in view of evidence” to E that requires the Defendant to present the basis.

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