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(영문) 서울남부지방법원 2014.12.11 2014노695
명예훼손
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The expression of the defendant as the above officer meeting is merely a simple expression of opinion, and the statement of the defendant is not all false.

In addition, the defendant did not have any intention to identify false facts.

B. The Defendant’s posting of the article on the facts charged in the instant case (hereinafter “instant article”) is not unlawful as it is included in the freedom of religion guaranteed by the Constitution, and is merely an expression of true facts, and its illegality is dismissed as it solely concerns the public interest.

C. Since the Defendant merely posted the name and address of the E church without referring to the name of the victim or the E-Appellee of the E-Appellee, it does not constitute defamation against the victim’s individual.

2. The facts charged in this case and the judgment of the court below

A. On October 26, 2012, the Defendant, at the Defendant’s home of the Guro-gu Seoul Metropolitan Government B Apartment 103 and 504, connected to the “C” car page of the Internet NAVV, and posted a letter on the bulletin board that “The current status of new area in Newcheon Daegu” means, under the title of the Defendant, the threeth class officer meeting of the Egypt, the third class officer meeting of the building adjacent to the Egypt, the Daegu Suwon-gu F (GM), and the use of the HG group name of the Egypt,” and posted the location of the Egypt and the photograph of the building, and then posted the Egypt training program (main subject of seminars) for each day under the name of assisting the self-support church, with 20 p.m. 10 p. 10 p.m. and 20 p. 10 p.m., a female instructor who is disadvantageous to 20 p.m.

However, in fact, Egymnasium is the church belonging to the Western Labor Association of the Korean National Assembly as the President of the Korean National Assembly, and there was no relation to the place of believers.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

B. The lower court’s determination is as follows.

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