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(영문) 대구지방법원 2018.04.26 2017노4247

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The facts alleged by the Defendant against the victim are true, as well as the facts alleged by the Defendant were expressed for the public interest of the occupants of the apartment complex in the Gu and America (hereinafter “the apartment complex in this case”), the Defendant’s crime is dismissed by virtue of Article 310 of the Criminal Act.

B. Even if there is no proof that the timely facts against the victim of domestic affairs are true, the illegality of the Defendant’s crime is dismissed, as the Defendant believed that the facts were true and there are reasonable grounds to believe that they were true.

Therefore, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or by misapprehending the legal principles.

2. Determination

A. As to the facts charged in the instant case, the lower court filed a petition with the Defendant to the Daegu District Public Prosecutor's Office Kimcheon Branch Office to punish the victims as embezzlement, etc., and the said Kimcheon Branch Office rendered a disposition that was not suspected of having been convicted of the victims on September 25, 2015, and ② Z accounting corporation on February 5, 2015, concerning the instant apartment management fee, etc. on February 5, 2015.

It was not found that the judgment was judged.

3) The lower court found the Defendant guilty on the grounds stated in its reasoning, on the following grounds: (a) the Defendant was aware of the fact that the victim was subject to a disposition that was not suspected of being suspected in the petition case; and (b) the accounting corporation’s audit report was also aware of the content, but did not undergo any other verification procedures; and (c) the Defendant received the resident consent form against the apartment resident and made a statement to the effect that the victim embezzled.

B. In order to not punish an act that defames a person by openly pointing out a fact, it is related to the public interest when viewing the alleged fact objectively.

참조조문