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(영문) 창원지방법원 2018.08.08 2018노1140
명예훼손
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although there are some parts of the contents written in the printed materials of “E” prepared by the Defendant by misunderstanding of facts and legal principles, all objective facts are true.

In addition, the illegality of the defendant is excluded in accordance with Article 310 of the Criminal Code because the defendant, as the general secretary of the apartment association, has announced the contents related to the settlement of civil petition in the city with the approval of the chairperson and the operating committee of the apartment association.

B. Sentencing (the sentence of the court below: 700,000 won)

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, in determining whether the alleged facts in the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act are false, if the overall purport of the alleged facts is different from the truth or are different from the degree of somewhat exaggerated expressions in the detailed contents when examining the overall purport of the alleged facts, it shall not be deemed false, but if the important part is not consistent with objective facts, it shall be deemed false.

B. In light of its nature, it is difficult to determine whether an actor knows that the matter was false or not, by taking account of its nature, whether the actor is aware or not, or not, of the following objective circumstances, such as the Defendant’s educational background, career, social status, details of publication, timing of publication, and anticipated ripple effect, based on the contents of the published fact, the existence and content of the explanatory material, the source and awareness of the fact, etc.

2) The Defendant also asserted the same purport as the above grounds for appeal.

As to this, the lower court shall, in full view of the circumstances stated in its reasoning, post the instant notice.

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