명예훼손
The judgment of the court below is reversed.
The Defendants are not guilty. The summary of the judgment is publicly announced.
1. Summary of grounds for appeal;
A. Since there was criticism and questioning about F’s duties in order to understand the truth about misunderstanding of facts and misapprehension of the legal doctrine, it does not constitute defamation, there was no intent to impair honor, and Article 310 of the Criminal Act should be applied.
B. The sentence sentenced by the lower court (each fine of three million won) is too unreasonable.
2. Determination
A. On February 17, 2015, the summary of the facts charged in the instant case, at the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendants, on the basis of the background of the victim F’s photograph from G that produced the false content about the victim F, decided to deliver the victim F’s photograph by mail, and then distribute it to a dietitian-Eup.
The former part of the H is “H”’s title stating that the victim F is in a relationship with JJ (J) and that F, the president of JC, the president of the I mother, should punish the h’s relative preferential treatment, and that F and JC are in any relationship with F and H. The latter part of the report that F, the president of the I mother of the Republic of Korea, directly, shall be punished for such a violation, and the latter part of the report is written with an article suggesting the F and JC’s gender relationship during L in the K Newspaper, and the latter part of the report that “F and JC,” and the latter part of the report that “F and the latter part of the report were written with an article suggesting the F and JC’s gender relationship during the L period.” During the meantime, the Defendants did not have been able to cope with an accident with the victim F, the victim F, the victim F, on the day of the incident, on February 24, 2015, the Defendant filed an application for the said apartment in the Y of the 5 North Hadong.
However, in fact, the victim F does not have a relationship with J, and the victim F was at the time reported to the situation of the accident at the time of the occurrence of the New Accident on M date, and the victim F was at the time of the accident, and the on-day J did not have access to the Cheongdae, and both the victim F and J.