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(영문) 광주지방법원 2015.05.26 2014노1795
명예훼손
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendants' phrase "the victim's section of the Sulphal Corporation" should be deemed to have explicitly stated specific facts that can be accepted as the victim is the person who received the death of the Culphal Corporation beyond the mere value judgment or opinion of the victim. However, the judgment of the court below which acquitted the defendants on the ground that this does not constitute a statement of fact, is erroneous in the misapprehension of legal principles.

The summary of the facts charged is that Defendant B is the vice-chairperson of the D apartment occupant's meeting in the Naju City, and Defendant A is the head of the above apartment management office.

Defendant

B1 On May 2012, the Defendant’s statement that the victim E is the sect of the culs Corporation from among the members of the apartment management office around the first day of the middle day of May 2012, when the Defendant heard several occupants of the apartment.

"The reputation of the victim was damaged by openly pointing out false facts."

2. On July 2012, the Defendant damaged the reputation of the victim E by openly pointing out false facts by stating that “EC is sulpha,” among the fact that H et al. was heard before G University Sports Officers of G University in the Republic of Korea, G University.”

B. Defendant A, around 10:20 on January 11, 2013, at the above apartment management office, listens to several occupants, including I, J, and H, and “E” to the victim E.

In addition, it is not necessary to see CCTVs in the underground parking lot so that it can see clothes.

"The reputation of the victim was damaged by openly pointing out false facts."

Judgment

The term "statement of fact" in the crime of defamation refers to a report or statement of fact with respect to specific past or present facts in time and space, as a concept substituted for an expression of opinion with respect to value judgment or evaluation.

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