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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2019.09.09 2019노226
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts constituting a crime listed in paragraph (1) and paragraph (2) of Article 1 of the facts constituting a crime as indicated in the judgment of the court below (Defamation by factually via an information and communications network), the Defendant thought that H had expert knowledge about a criminal case, and sent H with the intent to obtain legal advice on the victim’s sexual assault crime, such as the statement of the above facts constituting a crime, or made a copy of the statement posted on the C website. Therefore, the Defendant did not have any intent or purpose of defamation to impair the victim’s reputation (hereinafter “the first assertion”).

In addition, since the defendant's act is for the public interest, the illegality should be avoided. 2) As to the facts constituting the crime listed in Article 1-b of the criminal facts as stated in the judgment below, the statement that the defendant stated in the above criminal facts is merely a mere expression of opinion, not a statement of fact.

Even if it falls under the timely statement of fact, it was not false but false to the defendant.

(hereinafter “Second Claim”) In addition, since the Defendant’s act is for the public interest, illegality should be avoided.

B. The sentence imposed by the court below (10 months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. According to the evidence duly adopted and examined by the lower court on May 15, 2017, the Defendant, at the time of the Defendant’s call, verified that the Defendant had any relationship with H, first of all, with H, and had the victim aware of the relationship with H, and had the victim made a conversation with H while making a statement as stated in the lower court’s judgment, and H took part in the conversation from the Defendant, and then “The head of the Negent Party, the representative of the Ngent Party,” after having heard the victim’s remarks from the Defendant.

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