명예훼손등
The judgment of the court below is reversed.
Defendant
Punishment for B shall be determined by a fine of 500,000 won.
Defendant
B A. A fine.
1. Reasons for appeal;
A. There was no perception that the Defendants were false facts.
B. The Defendants’ misunderstanding of the legal doctrine had considerable reason to believe that the Defendants were true with respect to the public interest.
(c)
The punishment of the illegal defendants is heavy.
2. Determination
A. The summary of the facts charged as to the Defendants’ false factual facts is attached to the summary of the defamation charge.
B. In order to establish a crime of defamation in a false factual manner under Article 307(2) of the Criminal Act regarding the Defendants’ assertion of mistake of facts, the Defendant must be aware that the alleged facts were false in the statement of false facts, and the burden of proof for such a crime lies in the prosecutor’s (see, e.g., Supreme Court Decision 2012Do13718, Sept. 4, 2014). In full view of the statements, etc. in E in this court, the evidence submitted by the prosecutor alone proves that the Defendants’ alleged facts were false.
It is difficult to see it.
B. On May 20, 2014, ASEAN receives 10,000,000 won from the date of trial for attempted murder by Seoul Northern District Court 2014 Gohap 135 Gohap on May 20, 201, and Defendant A reaches knife.
was stated to the effect that it was stated.
E If the Defendants take into account that the statements were made after the Defendants, the evidence submitted by the Prosecutor alone is sufficient to prove that the Defendants were aware that the contents of the statements were false at the time of the statements.
shall not be effective.
Therefore, the lower court found the Defendants guilty of the facts charged of defamation in a false factual manner.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, but each of the facts charged of defamation against the Defendants is included in the factual facts under Article 307(1) of the Criminal Act, which is a reduced fact, and this is still found guilty. Thus, the judgment below is again decided as follows through pleading.