beta
(영문) 서울남부지방법원 2017.05.18 2016노966

명예훼손

Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal of this case is that there is no possibility that the victim's social value or evaluation may be infringed, and the facts alleged by the Defendants are related to the public interest as the current status of lawsuits related to the representative meeting of occupants that should be known to the occupants, and thus, illegality is excluded in accordance with Article 310 of the Criminal Act.

The judgment of the court below which convicted the defendants without falling under the elements of the crime of defamation or even if the illegality is dismissed, is erroneous in the misapprehension of facts or in the misapprehension of legal principles.

2. The Defendants had already asserted as stated in the grounds of appeal at the lower court, and the lower court rejected the said assertion in detail, stating in detail the judgment on the Defendants and their defense counsel’s assertion under the title “determination of the Defendants and their defense counsel’s assertion

Examining the above judgment of the court below after closely comparing it with the records, the judgment of the court below is just and acceptable, and even if examining the evidence added in the trial, it does not affect the above judgment, so there is no error of misunderstanding of facts or of misunderstanding of legal principles as alleged by the defendants in the judgment below.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.

참조조문