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(영문) 대전지방법원 2015.09.16 2015노147
상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) In the case of injury, Defendant A did not have the same injury as the facts charged, and did not have the intent to injure the victim. Even if Defendant A injured the victim, the victim attempted to interfere with a meeting of temporary affairs held by the Defendants with the permission of the court. Since Defendant A caused injury to the victim in the course of punishing the victim for the aforementioned illegal act, the illegality of the act constitutes self-defense. 2) The defamation of defamation of false facts constitutes self-defense and there is no proof that Defendant A, C, D, E, and F was false, and there is no proof that the above Defendants knew that the facts alleged are false, and therefore, the above Defendants cannot be applied to defamation of false facts, and the crime of defamation of false facts can only be applied.

However, since the above Defendants stated true facts for the public interest, their illegality is excluded by Article 310 of the Criminal Act.

3) Since the factual defamation revealed true facts for the public interest in order to normalize the operation of a church, the illegality of the insult is excluded pursuant to Article 310 of the Criminal Act. 4) It can be recognized that Defendant A, B, C, E, F, G, H, I, J, K, K, L, M, N, N, andO committed an act as stated in each of the pertinent facts charged. However, the above Defendants’ act was merely an act of using expressions such as those written in the facts charged because it was partially exaggerated in the process of demanding the withdrawal of victimR interfering with the normal operation of a church and emphasizing that their judgment and opinions are reasonable. Thus, the above Defendants’ act is a justifiable act that does not violate the social rules and is unlawful.

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