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(영문) 창원지방법원 2018.01.18 2017노2085
명예훼손
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Some of the facts charged in the instant case are denied.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) An official seal of the chairman of the election management committee (crime No. 1 of the facts stated in the judgment below): Not mentioning false facts.

Even if a false fact is indicated, there is a reasonable ground for believing that the Defendant was sincere and believed to be true, and that there is a reasonable ground for believing that the intention is denied or illegality is excluded. This is a case where: (a) there is a reasonable ground for believing that the Defendant was committed in relation to the interests of D Association (hereinafter “Association”) and Gyeongnam-do Association (hereinafter “Association”) or F Association (hereinafter “Association”).

2) The part concerning the denial of entry of children (Article 2 of the facts constituting the crime as indicated in the judgment below): It is difficult to regard it as a statement of fact, and it is difficult to readily conclude it as a falsity

Even if a false fact is indicated, there is a reasonable ground to believe that the defendant was true and has been believed to be true, and thus, the intention is denied or the illegality is excluded.

B. Improper sentencing: The punishment of the lower judgment (one million won per 5 million won) is too heavy.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. Legal doctrine 1) In the crime of defamation, a statement of fact is a concept substituted by an expression of opinion with a value judgment or evaluation, and the content of the statement refers to a report or statement on the past or present facts in a specific time and space, which can be proved by evidence, and in distinguishing between facts and authorization of opinion, the ordinary meaning and usage of language, possibility of proof, the context in which the expression in question was used, and the social situation in which the expression was made should be considered.

It takes the form of describing specific facts that can be proved by evidence in the context of the expression used in the criticism of another person's speech or writing,

However, the author's intent, logic, and logic flow.

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