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(영문) 인천지방법원 2015.12.16 2015노2549
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that the part that was recognized as false facts in the original trial (the victim did not comply with the agreement that he/she would take over the child care center even though he/she agreed to do so, he/she received only his/her monthly salary without properly giving the monthly salary, and he/she provided food to the child care center students) among the details stated by the defendant of mistake of facts.

B. Since the contents of the Defendant’s statement by misunderstanding the legal principles are solely related to the public interest due to true facts, it constitutes grounds for excluding illegality under Article 310 of the Criminal Act.

C. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. The court below stated the reasons for erroneous determination of facts in detail, and held that the part of the defendant's statement that "the victim did not comply with the agreement to take over a child care center, did not properly provide monthly salary for infant care teachers, and received only his monthly salary and did not provide the child care teachers with proper monthly salary, and gave the child care teachers who could not drink." The judgment of the court below is justified in comparison with the records.

Therefore, this part of the defendant's argument is without merit.

B. In light of the legal principles, the part of the Defendant’s statement that “the victim did not agree to take over the child care center but did not properly provide the monthly pay to the child care teacher and received only one monthly pay to the child care teacher, and provided the child care center students with food that could not drink” constitutes false facts, and the Defendant cannot be deemed to have any reasonable ground to believe that the alleged false facts were true by indicating as if he had been aware of his direct experience. Therefore, each of the above false facts alleged cannot be applied to the allegation of illegality under Article 310 of the Criminal Act.

(2) Of the information known by the Defendant, “victim” is DNA.

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