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(영문) 부산지방법원 2020.04.24 2019노3301
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) cannot be deemed to have indicated the specific facts that would impair the honor of the victim.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. In order for the crime of defamation to be established, a statement of fact must be made, and the fact here does not necessarily mean any direct expression of fact, but rather, it indicates the existence of such fact in light of the overall purport of the expression, even in cases of indirect and round-up expressions, and thereby, there is sufficient specification to the extent that the social value or assessment of a specific person might be infringed.

(See Supreme Court Decision 91Do420 delivered on May 14, 1991, etc.). Based on the above legal principle, the health care room determined based on the above legal principle, and according to the evidence duly adopted and examined by the court below, the contents printed and stored by the defendant on the abnormal person suggesting the fact that the victim is not able to implement the relevant promise, and thus, it constitutes a factual event that reduces the social evaluation of the victim.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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