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(영문) 대구지방법원 2018.02.08 2017노2211
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal of this case is to prevent the victim's reckless accusation, accusation, or complaint, which does not violate the social norms, or an act of a political party.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The Defendant also asserted the same purport in the lower court’s judgment, and the lower court had a reasonable ground to believe that the facts alleged by the Defendant were true on the following grounds:

In light of the method, degree, etc., it is difficult to view the crime of this case as a justifiable act with objective validity, which can be accepted in light of the social norms, and thus, it cannot be deemed as a justifiable act of this case, the defendant's above assertion was rejected and the defendant guilty of the charge

In order to not punish a person by publicly pointing out facts, an alleged fact is related to the public interest when objectively viewed that the act constitutes a violation of a person’s reputation, and an actor is also related to the public interest. In addition, the alleged fact is true or, at least, there is a reasonable ground to believe that the actor believed the fact to be true, and there is a reasonable ground to believe it (see Supreme Court Decision 2002Do3570, Sept. 24, 2002). In such a case, the actor must prove that the fact is true and solely pertaining to the public interest (see Supreme Court Decision 95Do1473, Oct. 25, 196). According to the evidence duly adopted and examined by the court of the court below, it is recognized that the contents stated in the petition are false as stated in the criminal facts, and that the defendant had reasonable grounds to believe it to be true.

It is difficult to see it.

An act that does not violate the social norms set forth in Article 20 of the Criminal Code.

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