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(영문) 대전지방법원 2015.10.22 2015노618
명예훼손
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the fact-finding) ① The defendant does not defame the victims by pointing out false facts.

(2) The defendant does not speak as stated in paragraphs (1) and (2) of the facts charged.

(3) As to the facts charged under paragraph (3) of this Article, since the Defendant’s speech was made in the process of criticizeing not only the victim C but also the building company and broker at the time, it cannot be deemed that only the statement about the victim C constitutes a crime of defamation by separating it.

④ In relation to Paragraph 4 of the facts charged, the Defendant did not express the victim C by specifying the victim C, and there was no specific statement of fact required for defamation.

(5) The Defendant suffered a lot of damage in the course of purchasing and operating child-care centers specified in the facts charged, and merely made a speech at a level that makes it difficult to do so, there was no intention to impair the honor of the victims.

6. Since the other party to the defendant's speech is limited, performance is not recognized.

2. Determination

A. The evidence duly adopted and examined by the court below as to whether the statement made by the defendant is false or false (R) and - Opinion (Evidence No. 39,40) (Evidence No. 39,00) are admitted as evidence by the defendant. It is merely a fact that D, not an attorney R, who is the author of the above documents, has stated the authenticity of its establishment on the date of trial (No. 69 of the trial record).

As such, the lower court’s determination of evidence that adopted and examined evidence that has no admissibility as evidence is unlawful, but the lower court did not reverse the lower judgment on the ground that it obtained evidence that has no admissibility as evidence of guilt or did not use it as evidence for finding facts of guilt.

In other words, the following circumstances recognized by the Defendant, i.e., the victim C and Daejeon E land and its ground by the mediation of theJ of a private individual on January 25, 201.

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