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(영문) 서울중앙지방법원 2020.08.21 2019노3607
명예훼손
Text

The judgment of the court below is reversed.

The punishment against the Defendants shall be set at KRW 700,000.

The Defendants respectively.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Defendants’ defamation of false facts: The Defendants’ alleged facts are not false facts, but false facts, and there was no perception that the Defendants were false facts. Even if the Defendants’ act constitutes a crime of defamation by fact-finding, the victims were officially recognized as a church member, and thus, the illegality of Defendant C’s insult for public interest is excluded. (ii) At the time of committing the crime, Defendant C was only the victim and the victim at the relevant place, and the nearest person was the executive secretary at a place less than five meters away, and there was no performance as a church operated by the victim.

B. The lower court’s punishment of unreasonable sentencing (2 million won by each fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the court below rejected the Defendants’ and the Defendants’ defense counsel’ assertion in detail on the assertion of facts and misapprehension of legal principles as to the grounds for appeal of this case at the court below, and on the grounds that the Defendants and the Defendants’ defense counsel in the court below stated in detail the arguments of the Defendants and the

Examining the above judgment of the court below after comparing it with the records, it is just and acceptable. Contrary to the allegations by the Defendants, the court below did not err by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

Therefore, this part of the Defendants’ assertion is without merit.

B. As to the assertion of unfair sentencing, Defendant B was assaulted on the security service employed by the victim.

In the past, the victim requests the accused to take the action against the Defendants.

Defendants are punished by a fine for a double-class crime, one to two times.

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