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(영문) 수원지방법원 2018.07.11 2018노1094

명예훼손

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact alleged by the Defendant constitutes a content that impairs the reputation of the victim G.

Even if the eligibility of a member of the clan is legally recognized even in the adopted family or in the post adopted family, it may affect the victim’s election as the chairperson of the clan stated in the facts charged of the instant case (hereinafter “the clan of this case”).

Defendant

In addition, if the victim knew that he is a guardian of a family, he was aware of the fact that he had an effect on the voting of the chairperson of the clan of this case, he brought the printed matter recorded in the facts charged of this case (hereinafter “the printed matter of this case”) to the clan meeting, and recognized that the family relationship of the victim in the clan of this case has an important meaning.

B. The Defendant was aware that the content of the instant printed article was false and false.

The P, which the defendant requested the analysis of the family clan of this case, is the wife of the defendant, and it is the first time to analyze the family clan, and the rules and criteria of the family clan also have been found on the Internet.

The defendant requested P to analyze a family table and presented the instant printed material at 40 days after wintering, and analyzed a large amount of family table of P accurately.

It is difficult to see it.

Ultimately, under the circumstance that the Defendant denies the fact that the victim is either an adopted child or an adopted child, the Defendant distributed the instant printed matter, i.e., both or ex post, based only on the data received from P, not an expert, and the content of the instant printed matter was proved to be true according to the source and awareness of the data.

It is difficult to see it.

When comprehensively taking into account the details, time, expected ripple effects, etc. of the instant printed article, the Defendant can be deemed to have falsely entered in the instant printed article.

The recognition of this is acceptable.