beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The lower court found Defendant E (hereinafter “victim”) guilty of insult among the facts charged in the instant case, but the victim E (hereinafter “victim”) among the printed matter in the instant case.
(2) As to the judgment of the court below on the grounds that the Defendant’s act of insultingly informing the members of the unlawful operation of the D church and did not violate the social rules under Article 20 of the Criminal Act, and thus, the illegality is excluded. (2) The punishment of the court below on the Defendant (the fine of KRW 700,000) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (defluence of defamation) found not guilty of the facts charged in the instant case, but the Defendant prepared printed materials to the effect that “E, the head of the D church, was paid a monthly salary from the D church,” even though he was not paid a monthly salary from the D church, which is the head of the D church, was false, and the important part that could seriously damage the E’s honor is false, and the Defendant was aware that such facts were false, so the crime of defamation by the statement of false facts is established. 2) The above sentence imposed by the lower court against the Defendant is too unjustifiable and unjust.
2. Determination
A. First of all, the Defendant’s assertion of the misapprehension of the legal doctrine is to examine whether the Defendant’s act constitutes insult or not, and to express abstract judgment or sacrific sentiment that may undermine the people’s social evaluation without mentioning the fact.
(Supreme Court Decision 2003Do3972 Decided November 28, 2003, etc.). According to the evidence duly adopted and examined by the lower court, the Defendant filed a complaint on August 25, 2013, stating that “The Defendant had been written in the printed material that he/she should not receive monthly pay back,” and that he/she defamationed.