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(영문) 인천지방법원 2016.06.22 2015노4569

명예훼손

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (part of the part of the lower judgment’s defamation part) the Defendants, from November 6, 2014 when a corrected news article was reported, did not defame the victim by pointing out false facts from November 6, 2014 to November 14, 2014 in this part of the facts charged.

B. Each sentence of the lower court (Defendant A: a fine of KRW 1.5 million, Defendant B: a fine of KRW 1 million, Defendant C: a fine of KRW 1.5 million) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendants are recognized as having injured the victim’s reputation by pointing out false facts even from November 6, 2014 to November 14, 2014.

Therefore, the judgment of the court below is justified, and the defendants' above assertion is without merit.

① The victim (F) expressed false facts at an investigative agency by expanding, printing, and posting, on October 22, 2014, the article of H’s “H” (hereinafter “first game news article”) that was reported on the Gyeonggi-gu E Apartment apartment site from October 30, 2014 to November 14, 2014. In particular, the above apartment is only considered to have been directly used during the above period.

Specifically, the Defendants made a statement (No. 3 No. 805 of the evidence record). (2) The Defendants asserted that, after November 6, 2014, the corrective article of the first game news news article was reported, the Defendants continued the first game news article and continued the assembly.

However, unlike the above argument, the defendant C removed the first game news article in the prosecutor's office.

“The fact that the Defendants made the statement (No. 3 of the evidence record No. 800), and (b) the video of the photographs (No. 115, 116 of the trial record No. 116 of the trial record) submitted by the Defendants in the original trial.