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(영문) 창원지방법원 2016.12.21 2016노2618
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles1) The Defendant merely attached a notice of this case to inform the merchants of the contents resolved at the board of directors of the above prosperity conference as the president of the prosperity conference, and there was no intention to defame the Defendant. 2) Since the facts stated by the Defendant through the notice of this case are true and solely for the public interest, the Defendant’s act is dismissed in accordance with Article 310 of the Criminal Act.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles regarding the assertion that there was no intention of defamation 1) The fact-finding in the crime of defamation refers to the expression of facts, and it does not require that there was a purpose of defamation (see, e.g., Supreme Court Decision 91Do156, Mar. 27, 191). The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the following: (a) as alleged by the Defendant’s assertion, the articles of association stipulate that “the notice of this meeting shall be posted and notified in writing,” so it is necessary to post a resolution of dismissal on the board of directors of the above conference; (b) even if there was a need to do so, the notice of this case was posted at 6 places open to the public, not the designated bulletin board, but at 6 places open to the public; and (c) it was possible for the general public, other than the members of the bulletin board, to recognize it (the Defendant was unable to remove the previous bulletin board room due to the advertisement complex, etc., and thus, at the entrance of the shop.

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