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(영문) 대구지방법원 2016.08.25 2015노4781

명예훼손

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged and the judgment of the court below

A. The Defendant is a person who is engaged in the sales of clothes and bedclothess in the trade name of “F” together with D and E, his/her husband and wife in Daegu Jung-gu Co., Ltd. under the charge of this case.

Defendant: (a) filed a lawsuit against the said D and E seeking removal of illegal structures and delivery of jointly owned areas against the said D and E, the victim G, the president of the said C and the second floor, the president of the said C and the victim I, who was the vice president of the said B and the first floor; (b) prepared a printed letter stating the victims’ debt status, such as the current status of the establishment of collateral security for the victims’ share of the commercial buildings; and (c) distributed 34 business owners, including JJ K, located in C and the commercial building, among November 2014. Accordingly, the Defendant damaged the victims’ reputation by openly pointing out facts.

B. The lower court found the Defendant guilty of the instant facts charged on the basis of each of the evidence indicated in its holding.

2. The summary of the grounds for appeal (misunderstanding of facts) is that the printed articles distributed by the defendant as stated in the judgment of the court below as the criminal facts are already bound in the records of the related civil procedure, and that the defendant distributed the printed articles to cope with the above related civil procedure only because they were distributed as a tool to cope with the above related civil procedure, and

subsection (b) of this section.

Nevertheless, since the court below recognized the defendant's crime of defamation, the court below erred by misunderstanding the facts.

3. Determination on whether a deliberation was made

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

B. Defamation is a crime that defames a person’s external reputation, and thus the alleged facts are suitable for undermining a person’s social value or evaluation, and includes all values that must be respected in social life, such as character, technology, intelligence, academic background, and career.