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(영문) 광주지방법원 2018.03.21 2017노2777

명예훼손

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The victim of the misunderstanding of facts alleged that "C 4 Doo E received Fho Lake," but it distorted historical facts, and the defendant committed the same act as the facts charged in order to properly inform the history of the literature, and as long as the victim distorted the historical facts as above, it is not false that the defendant "F is a victim's own writing, and it is a self-duplicated and erroneous behavior," and even if it is false.

Even if there are reasonable grounds to believe that the defendant is true, the illegality is dismissed.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts (the summary of the oral argument submitted after the lapse of the period for filing an appeal shall be determined within the scope of supplement of the grounds for appeal specified in the reasons for appeal, and it shall not be judged separately with respect to the assertion that is not stated in the reasons for appeal).

2. Determination

A. The following circumstances, i.e., the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts, i.e., ① the “J (hereinafter “J”) published in 1931 in the Young-gu Eup/Myeon in 1931. Of them, the part of the evidence Nos. 37 and 2 of the 37 pages was stated as K, and ② the victim confirmed the above contents at the Internet site of the Extraordinary in 2010, and received EF thereafter.

The claim was commenced, and the victim inserted “M” in the “M” magazine compiled by the South Young-gun L prior to 2012 is based on the content of the said J. Therefore, it cannot be deemed that the victim’s assertion was made or raised arbitrarily without any grounds.