명예훼손
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. It is true that the defendant made a statement at the time and place of the instant facts charged, such as the description thereof.
However, the death of G is true, and the defendant did not have any false perception, so the defendant's act does not constitute defamation in a false manner.
In addition, victim F religious organizations (hereinafter “F religious organizations”) cannot be deemed as the subject of the legal interest protected by the law of defamation. The focus of the Defendant’s remarks is focused on the fact that G died in a usual manner rather than the number of times of reforestation. Thus, the contents of the Defendant’s remarks cannot be deemed as an expression that undermines social evaluation.
Furthermore, even if the Defendant’s act constitutes a constituent element of defamation, it shall be deemed that the illegality is avoided pursuant to Article 310 of the Criminal Act, or it is a justifiable act that is included in the scope of protection of freedom of learning and religion, taking into account the place, content, and whole context of the Defendant’s remarks as above.
Therefore, the judgment of the court below which convicted the defendant under a different premise is unfair because it misleads the facts or misunderstanding the legal principles.
2. Before determining on the grounds for appeal of the defendant's change in indictment in the trial of the political party, we examine the case ex officio, and the prosecutor, at the trial of the political party, the following third-party charges in this case.
The facts charged of defamation 2) as stated in paragraph (2) of this Article are added selectively to the facts charged of defamation, and as a preliminary addition to the facts charged of insult 3-A(3) of this Article, the scope of the trial was changed by the party members' permission. Thus, the judgment of the court below was no longer maintained.
However, notwithstanding the above reasons, the grounds for appeal by the defendant are still subject to a trial by the party. The following facts added to the above grounds for appeal.