(영문) 서울중앙지방법원 2014.04.24 2013노3875

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.04.24 2013노3875

명예훼손

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not have any sound from the legal corridor that “D pastor was drinking KRW 100 million,” and that D merely expressed that “I would have received money from the church,” and “I would have received money from the church.”

Even if the defendant made a statement as stated in the facts constituting the crime.

Even if the contents of the statement are true, even if it is not true, there are justifiable grounds for the defendant to believe that it is true, and the defendant made the above statement to urge proper administration and enforcement in relation to church property issues, and the defendant's act is for the public interest, and its illegality is excluded in accordance with Article 310 of the Criminal Act.

Therefore, the judgment of the court below which found the defendant guilty is erroneous by misapprehending the facts or by misapprehending the legal principles.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the trial court, in particular, the notice of the results of the tax investigation conducted by the head of the Geumcheon District Tax Office, and the statement of records of records of records of records of records of records of records of records of accounts under the name of K, the victim D purchased a house of KRW 500 million with the church fund of KRW 500 million or collected KRW 500 million on a private basis, although the defendant did not have any private useful facts, he can sufficiently recognize the fact that he damaged the victim D's reputation by openly pointing out false facts by stating at the date and time as stated in the facts charged, "D pastor got a house of KRW 500 million with the church fund of KRW 500 million," and "D pastor got a house of KRW 500 million," and it does not seem that there was a considerable reason to believe that the defendant had any reasonable reason to believe

B. Meanwhile, in a case where illegality is removed under Article 310 of the Criminal Act, the act of Article 307(1) of the Criminal Act is true.

참조조문

-형법 제307조 제1항

-형법 제310조

유사 판례

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