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(영문) 서울동부지방법원 2017.05.18 2016노1870
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s statement by misunderstanding the facts or misunderstanding the legal principles is not a statement of fact, but a statement of fact is not a statement of opinion, and it does not infringe the victim’s social evaluation, and it is within the limit of acceptance of the freedom of expression, and thus, the Defendant has damaged the victim’

subsection (b) of this section.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. 1) The Defendant alleged the truth in the lower court’s assertion that it is true, and the lower court rejected the above assertion in detail, with a detailed statement of its determination. In light of the evidence duly admitted and investigated by the lower court, the lower court’s determination is justifiable, and thus, the Defendant’s assertion is without merit.

2) The expression of fact, as a element for the crime of defamation of reputation alleged that the opinion is excessive, refers to the expression of opinion that contains a value judgment or evaluation, and the expression of fact means a report or statement on the past or present facts in a time, spatially specific past or present time, and its contents can be proved by evidence (see Supreme Court Decisions 97Do2956, Mar. 24, 1998; 99Do4260, Apr. 25, 200; 200Do4595, Jun. 14, 2002). The expression of opinion refers to the expression of mental activities, such as having any perception or opinion on facts or persons, or having any opinion or opinion on them, or having any opinion or opinion on them, or having any opinion or opinion on them, or having any opinion or opinion on them, in a judgment or opinion on them (see Supreme Court Decision 9Do5197, Feb. 26, 2004; 200Do5197, Feb. 9, 2004).

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