(영문) 서울남부지방법원 2018.12.13 2017노2417

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(영문) 서울남부지방법원 2018.12.13 2017노2417

명예훼손

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All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) In the course of hearing by Neow residents, the Defendant said that “the victim is not a chest report at home” to the victim, and it is reasonable to deem that the victim explicitly stated the specific facts about the past behavior of the victim.

Nevertheless, the court below acquitted the Defendant on the ground that the above remarks by the Defendant merely make an abstract judgment or evaluation against the victim and it is difficult to regard them as a statement of fact. The court below erred by misapprehending the legal principles as to defamation.

2) The sentence of the lower court that is unfair in sentencing (an amount of KRW 500,00) is too unhued and unfair.

B. Defendant 1) In other words, the part that can be seen as an insult in the victim’s statement by misunderstanding the legal doctrine was not specified.

Also, the parts were specified.

Even if the defendant made a statement to the effect that "the person is an original bad person," at the end of the dispute, in the process of resisting the victim, it does not constitute insult.

Nevertheless, since the court below rendered a conviction as to insult, the court below erred by misapprehending the legal principles.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. On May 11, 2016, the Defendant in this part of the facts charged: (a) on the part of the Defendant’s assertion of mistake or misapprehension of the legal principles as to the prosecutor’s facts; (b) on the D apartment playground in Yeongdeungpo-gu Seoul Metropolitan Government around May 11, 2016, on the ground that the victim E was unable to drink the Defendant’s children, and that the Victim E was able to drink the Defendant’s children, F, G, H, etc., the Defendant was heard by the Defendant, “The Defendant, the Defendant, and the Defendant, the Defendant, and the Defendant, the Defendant, at the low time.”

“I, after being called, do not report this house’s chest, and, if I wish to do this, she will do so, if I wished to attend a fluent course, she will do so.”

유사 판례

-서울남부지방법원 2017.11.03 2017고정188

-서울남부지방법원 2017.11.3.선고 2017고정188 판결

-서울남부지방법원 2018.02.02 2016노2093

-서울고등법원 2016.02.17 2015노3414

-서울북부지방법원 2021.01.12 2019노2323