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(영문) 수원지방법원 2017.08.25 2017노2609
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal 1) misunderstanding the fact that ① the victim was appointed as the representative of a church in around 2008, but the relation of debt is complicated and complicated, and there is a little gap in prisons for several months.

The contents of the written application (hereinafter referred to as the “written application of this case”) as stated in the judgment of the court below do not impair the honor of the defendant, as it goes to a church within the free will and brought a complaint and lawsuit against the members even though it was caused by the disturbance with the members.

② The Defendant did not prepare a written application for coal as indicated in the lower judgment (hereinafter “instant application”).

2) Legal principles are not unlawful because it is for the public interest of a church that the defendant misunderstanding of the legal principles shows the application of this case to the members and signed by the members.

3) The punishment sentenced by the lower court (2 million won in penalty) is too unreasonable.

2. Determination 1) As to the assertion that the determination on the assertion of mistake of facts did not harm the reputation of the victim, the content of the instant written application is false, and the content itself is sufficient to impair the reputation of the victim.

In addition, the circumstances, such as the victim’s conduct, are rather considered to correspond to the argument that the contents of the written application of this case did not impair the reputation of the victim, rather than the circumstances that correspond to the argument that the defendant’s behavior is for the public interest of the members of the church, so it is irrelevant to this part.

Therefore, the defendant's assertion that this part of facts is erroneous is without merit.

(2) The facts of the crime in the judgment of the court below regarding the assertion that the defendant did not prepare the instant written coal application are not the defendant prepared the instant written coal application, but the defendant had the written coal application prepared by the person who did not have his name read it to the members of the church and sign and seal it.

The defendant's assertion is more consistent with the facts of the crime as stated in the judgment below, and therefore the authenticity of the argument is established.

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