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(영문) 전주지방법원 2014.09.24 2014노641
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant merely committed an act as stated in the facts charged in the instant case for the public interest and did not intend to impair the honor of the victim.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous or erroneous in the misapprehension of legal principles.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts or misunderstanding of legal principles regarding the assertion of facts should be based on the objective point of view of the alleged facts in light of the public interest, and the actor should also indicate the facts for the public interest subjectively. In light of the legal principles as seen above, the public interest of such time includes not only the public interest of the State, society, and many other general people, but also the interest and interest of a specific social group or the entire members of such group. Whether the alleged facts relate to public interest or not should be determined by comparing and considering the contents and nature of the alleged facts in question, the scope of the other party to whom the relevant facts were published, and the method of expression, and the degree of infringement of reputation that may be damaged or damaged by the expression in question (see, e.g., Supreme Court Decision 2004Do3912, Oct. 15, 2004).

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