logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.11.08 2017노2147
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the instant facts charged by misunderstanding the facts and adversely affecting the conclusion of the judgment by misunderstanding the facts, by taking into account the following facts: (a) although the Defendant did not make a statement as stated in the facts constituting the crime in the lower judgment (hereinafter “the instant statement”), the F and G’s legal statement, etc., without credibility,

B. Legal doctrine misunderstandings, even if the Defendant made the instant speech, this is true and is related to the public interest, and thus, illegality is excluded in accordance with Article 310 of the Criminal Act.

Nevertheless, the judgment of the court below which found Defendant guilty of the facts charged of this case is erroneous in the misunderstanding of legal principles as to the grounds for the dismissal of illegality under Article 310 of the Criminal Act, which affected

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim has consistently made a statement in compliance with the criminal act in the judgment of the defendant, ② the witness F and G have consistently made a statement in compliance with the victim’s statement from the investigative agency to the court of the court below. ② The victim is also a witness who is a relatively objective witness, ② the investigative agency has made a statement in compliance with the above F and G statements, and the above F and G have credibility despite the fact that the victim is the victim’s employee.

Therefore, the defendant's assertion of mistake of the above facts is without merit, since it is recognized that the defendant has damaged the victim's reputation by openly pointing out facts as stated in the facts of crime in the judgment below.

B. Determination of the misapprehension of the legal doctrine 1) The phrase “the time when a person solely engages in public interest” in Article 310 of the Criminal Act refers to the public interest when objectively viewed the alleged facts, and the actor is also subjective.

arrow