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(영문) 수원지방법원 2019.01.10 2018노5026

The defendant's appeal is dismissed.


1. Summary of the grounds for appeal (the factual error and misapprehension of legal principles, and unreasonable sentencing)

A. Error of facts and misapprehension of legal principles cannot be deemed as having been specified by the victim, and even if it falls under the elements of a crime, illegality should be avoided by falling under acts that do not violate social rules in light of the content and degree of expression, etc.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts and misapprehension of legal principles.

B. The lower court’s sentence of an unreasonable sentencing (1.5 million won by fine) against the Defendant is too unreasonable.

2. Determination

A. 1) Determination of misconception of facts and misapprehension of legal principles regarding the assertion of defamation under Article 307(2) of the Criminal Act regarding an unspecified victim’s assertion does not necessarily require a person’s name to be explicitly indicated in order to establish defamation, and thus, an act of publicly alleging false facts without a person’s name is also constituted a crime of defamation against a specific person in a case where it is possible to determine the contents of the expression in light of the surrounding circumstances and comprehensive assessment (see, e.g., Supreme Court Decision 82Do1256, Nov. 9, 1982). According to the evidence duly adopted and examined by the court below, the victim C (hereinafter “victim

) On August 22, 2016, the Seocho-gu Seoul Metropolitan Government apartment on August 22, 2016 (hereinafter “instant apartment”).

The living support center and the victim used the storage and electricity and water supply facilities in the apartment of this case, and concluded a "agreement on the use of facilities in the Sejong Enterprise Complex" with the content that the victim shall pay 1 million won per month to the above living support center, and paid 10 million won as security deposit. The victim commenced the rent business with respect to the apartment of this case from September 1, 2016 to around the 20th day of the same month, and attracting about 50 customers. Meanwhile, the apartment of this case is within the apartment of this case.