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(영문) 서울중앙지방법원 2013.07.19 2013노1432
명예훼손
Text

The judgment of the first instance shall be reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Judgment of the court of first instance on February 1, 200, on the grounds of appeal: misunderstanding of facts or misunderstanding of legal principles (the expression of opinion prepared by the defendant is merely false, even if the statement of fact was made by the defendant, and there was no awareness or opinion that the defendant made a false statement to the defendant at the time, and there was no reasonable ground to believe that the statement of fact is true because it concerns public interest, and

A. The summary of the facts charged is the Defendant who was candidate for the presidential election of the president of the 35th E organization on January 11, 2012.

[1] On January 16, 2012, the Defendant: (a) the title “the details of the written opinion of the winner of the E-Organization” in Seoul FF Apartment No. 115 and 1102 (Defendant’s house); and (b) the ordinary general meeting held on January 11, 2012, implemented on January 11, 201, was the overall unlawful election organized by the organization.

G and members of the Election Management Committee violated strict neutrality obligations, such as disseminating false facts in front of the I candidate election campaign, and the Chairperson recommended I candidates and accompanying candidates to retire, and the Secretary General voluntarily selected a witness.

The document stating “A” was prepared on January 16, 2012 and delivered the document to K on January 18, 2012. However, there was no fact that G, the chairperson of the E organization election management, was leading to or spreading false facts in the election campaign for the I candidate, and on January 11, 2012, G used the organization to administer the E organization election, and did not engage in an illegal election. Accordingly, the Defendant damaged the victim’s reputation by openly pointing out false facts [2] around January 23, 2012. The Defendant, at the Defendant’s home, intended to control the members’ rest and awareness center as well as the rest and awareness of the members, and reported this fact to the thickness of the management members.

L. In this end, L.

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