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(영문) 서울동부지방법원 2016.08.16 2016고정222
명예훼손
Text

The defendant shall be innocent.

Reasons

1. On July 12, 2015, the Defendant: (a) at the E church located in the building B 404 of the Guri-si building B around 12:55 on July 12, 2015; and (b) despite the fact that the victim G, the outside of the F church, has not disturbed the H church pastor, the Defendant had access to the “J” which is a smartphone, and the case of assault was committed in the Gangseo-gu bulletin board of the said Kaf-si.

‘The title of ‘N', along with the photograph that takes care of the patient uniform in the hospital, was hospitalized in the control night hospital by three outside Gags who assault the Ha church and three outside Gags.

In order to protect young people in their body, they were assaulted by several persons.

In a situation where there are more than one of the items and the whole body is difficult to start.

In addition, hospitalization must require intensive treatment and observation and be hospitalized for a long time.

By posting the word "," the reputation of the victim was damaged by openly pointing out false facts.

2. The Defendant’s assertion that the posting of the Defendant is true, and thus there is no false perception, and there is no intention of defamation against the victim, and the posting of the above writing for the purpose of public interest in order to know the damage caused by the K church, and thus, the illegality is excluded by Article 310 of the Criminal Act.

3. In determining whether an actor was aware of a false fact in the crime of defamation by publicly alleging false facts under Article 307(2) of the Criminal Act, it is difficult to ascertain or prove such fact outside the country due to its nature. Thus, it is inevitable to determine by comprehensively taking account of various objective circumstances, such as the Defendant’s academic background, career, social status, timing of publication, and anticipated ripple effect, based on the content and identity of the publication, the existence and content of the explanation, the source and awareness of the fact expressed by the Defendant.

The following circumstances, which can be known by each evidence of the prosecutor and the defendant submitted by the defendant, are written in the facts charged:

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