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(영문) 서울남부지방법원 2015.04.09 2014노2068

출판물에의한명예훼손등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant pointed out the victim I’s mistakes, thereby informing the members of HJ members of the truth and creating and distributing books on the H HJ website for the purpose of public interest in order to correct the situation; and (b) the Defendant mispercing the truth and public interest, and thus, (c) the Defendant was convicted of the Defendant by misapprehending the legal principles, or by misapprehending the legal principles, even though the content was true and did not at all

2. As to the facts charged that the defendant posted a false statement or distributed a book containing false facts for the purpose of slandering the victim, thereby impairing the reputation of the victim and insulting the victim, the court below determined that the defendant's purpose of slandering the victim is sufficiently recognized in light of the following: (a) the defendant merely stated the fact that the defendant posted the statement by accessing the HWWWW website or by analogy; and (b) the fact that the victim actually does not seem to have done or acted for the same speech as the victim expressed in the face of the face; (c) it is reasonable to view that the alleged fact was not consistent with the objective truth; and (d) the defendant knew that the statement was false as well as that the statement was false; and (d) the defendant committed each of the crimes of this case with the intent to escape from the HWWWWW election; and (e) in light of the content and nature of the relevant statement; (e) the place and scope of publication of the relevant fact; and (e) the circumstances using the method of criticism.

According to the evidence duly admitted and examined by the court below, it is recognized that the defendant posted a book or distributed a book indicating false facts to the victim on the large-scale website by pointing out false facts to the victim, and the defendant is a person who is a book or book.