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(영문) 수원지방법원 2018.08.13 2018노2453
공갈미수등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of defamation of reputation as stated in the lower judgment, Defendant A did not have made a statement by pointing out specific facts and impairing the honor of the victim E.

2) As to the attempts to attack each part of the judgment below, the Defendants did not have made a statement about the harm inflicted upon the victim I and L, or made the above statement as part of the Defendant’s exercise of the right to claim damages against the victim or its arbitration.

B. The sentence of the lower court’s improper sentencing (the amounting to five million won by each of the Defendants) is too unreasonable.

2. Determination

A. The Defendants asserted the same purport as the above grounds for appeal in the lower court, but the lower court found the Defendants guilty of all the facts charged in this case by comprehensively taking account of the evidence duly admitted and examined.

First, we examine the part concerning the crime of defamation in the judgment below.

According to the evidence duly admitted and examined by the court below, it is recognized that Defendant A made a statement to the effect that the victim E embezzled or stolen the amount of KRW 10 million as stated in this part of the facts charged, and it is also recognized that the above statement has physical strength to the extent that there is a possibility of infringing the social value or evaluation of the victim E.

Next, I examine the attempts to commit each of the offenses in the holding of the court below.

According to the evidence duly admitted and investigated by the court below, the defendants made a statement to the victim I and L as stated in this part of the facts charged.

B. The main content of the harm and injury notified in this case is to establish an account in the name of the defendant I, who did not pay 10 million won to or pay 50 million won to the defendants as family members, since the victim E embezzled or fraudulently obtained 10 million won from the defendant A. In this case, the victim I, and L did not pay 10 million won to the defendants.

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