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(영문) 청주지방법원 2014.09.05 2014노285
명예훼손
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (the assertion of misunderstanding of facts as to defamation against K) did not have the same words as stated in this part of the facts charged, and even if they did, they do not have any possibility of spreading and thus are not recognized as performing.

B. The Defendants cannot be deemed to have no intention to commit defamation unless they merely make false statements about F with the mere doubt.

2. Determination

A. As to Defendant A’s assertion of mistake of facts, the following circumstances acknowledged by evidence duly adopted and examined by the court below, namely, ① present at the court of the court below as a witness and accused the Defendant at the government office of the illegal building within the jurisdiction of K, and stated that “K shall be engaged in articles without permission from a public trust L.” ② hearing the above talk from the Defendant, and the first day of this day, K called the Defendant “Neman river and river, and it was accused of the illegal building within the jurisdiction of 1 Dong,” and K asked K to find it; ③ the Defendant was concluded to have accused the government office of the above illegal building without confirming the identity of the person who filed the above illegal building; ③ the Defendant did not have any special relation with the Defendant’s speech to the effect that K did not have any character or attitude as a reporter; ⑤ The Defendant did not have any special relation with other persons at the time of the Defendant’s speech to the extent that it did not have any secret relation with the former one.

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