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(영문) 서울남부지방법원 2018.09.04 2017노1134
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each of the facts charged in the instant case by misapprehending the legal principles and mistake of facts, contains a statement that the Defendant did not at all, or contains a statement that differs from the actual statement.

There are reasonable grounds to believe that the defendant is true, not false facts, and even if it is not true, there are reasonable grounds to believe that the defendant is true.

The purpose or motive of the defendant's speech against the victim is to prevent the damage to the victim's fraudulent crime, which is for the public interest and to prevent the damage to the victim from occurring.

In addition, in the case of defamation crime on September 25, 2015, N intentionally accessed the defendant and recorded the defendant's speech, so there is a public performance because the defendant's speech is not likely to spread.

shall not be deemed to exist.

Therefore, the judgment of the court below convicting each of the facts charged of this case is erroneous in the misapprehension of legal principles as to the crime of defamation.

B. The punishment sentenced by the lower court (1.2 million won) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding of facts and misapprehension of legal principles 1) In full view of the contents of the Defendant’s statement E, H and N as witness by attending the court of original instance and each written confirmation and record record, it is sufficiently recognized that the Defendant made the statement against the victim as stated in each of the facts charged in this case.

Therefore, we cannot accept this part of the defendant's assertion.

2) In determining whether the facts alleged in the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act are false or not, if the overall purport of the alleged facts is different from the truth or are different from the degree of a somewhat exaggerated expression in light of the overall purport of the alleged facts.

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