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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.07.03 2013노797
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The contents indicated in the instant diskettes used by the Defendant for one person’s demonstration are all true and solely for the public interest, so there is no illegality in accordance with Article 310 of the Criminal Act. 2) The Defendant’s act of conducting one person’s demonstration by stating the contents indicated in the instant diskettes for the purpose of informing the truth based on objective facts is a legitimate act permissible by social norms, and thus, it is not unlawful in accordance with Article

B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts or misapprehension of legal principles as to whether a defendant's factual act constitutes "the fact that is true and solely for the public interest" under Article 310 of the Criminal Act and thus, is not illegal or not. The court below also stated in the judgment of the court below as the same reasoning for appeal, and held that the defendant's factual act constituted "the judgment on the principal" in the judgment of the court below, i.e., various circumstances as stated in its holding, i., ① large diskettes (70-80 cm) before the patient and the general public's emotional health, ② its contents ② "the act of incompetuity in which the defendant created a disease", "the victim's assertion that his act was false or defamation against the Medical Service Act," and "the victim's assertion that it was a suspension of indictment against the violation of the Medical Service Act," and the victim's assertion that it was not clear that there was an obvious error on the part of the victim in the judgment of the court below as to whether the victim was an attack or an attack of the victim.

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