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(영문) 서울중앙지방법원 2015.08.20 2014노4958

명예훼손

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As stated in the judgment of the court below, the fact-finding defendant did not contain any false statement in the Kakao Stockholm group hosting room.

B. The facts alleged by the Defendant in the misapprehension of the legal principles were not proven to be true

Even if there was a considerable reason to believe that the defendant was true, and that fact was stated for the public interest, this constitutes a reason for excluding illegality in accordance with Article 310 of the Criminal Code.

C. The lower court’s sentence on the Defendant of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the Prosecutor’s prior to the judgment on the grounds for appeal of ex officio, while maintaining the facts charged as to the existing defamation of false facts which the court below found guilty at the trial, and applying for amendments to the indictment by adding “Article 307(1) of the Criminal Act” as the conjunctive applicable provisions, adding the facts charged as to factual defamation, and applying for amendments to the indictment by adding them as preliminary applicable provisions, and this court’s permission changed the subject of the judgment. Accordingly, the judgment of the court

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to a trial at the court within the scope of the revised facts charged, which is examined in the following items.

3. Judgment on the assertion of mistake of facts (Judgment on the principal facts charged)

A. The summary of the facts charged is the person who is in a marital relationship with the victim B.

On July 13, 2013, the Defendant: (a) at the Kakao Kakao group Kakao grouping room, using a mobile phone to use a mobile phone and with the number of participants in a lifelong education center operated by the victim, the Defendant called Kakao grouping “If you want to do so and to do so, I would like to do so.”

(b) The property tax is assessed against 10,000 won and is assessed against 10,000 won.