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(영문) 서울중앙지방법원 2014.10.17 2014노2386
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles refers to the criminal records of the victim, a representative, for the public interest of the reconstruction association of this case, and there was no awareness that the victim’s reputation would be undermined. Even if the defendant’s act constitutes an element of defamation, it is true and solely for the public interest. Thus, illegality is dismissed.

B. The sentencing of the first instance court on the unfair sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the first instance court as to the assertion of mistake of facts, it may be recognized that the defendant has damaged the reputation of the victim by openly pointing out the past criminal records of the victim, such as “at the time and place of the first instance trial,” such as “at the time and place of the trial, 70 million won” with respect to the victim, and it cannot be said that the defendant did not have any awareness of impairing the reputation of the victim, referring to the past criminal records sufficient to impede the social value or evaluation of the victim.

On the other hand, the first instance court rejected the Defendant’s assertion in detail under the title “determination on the Defendant’s and his defense counsel’s assertion” by asserting that the Defendant’s act of defamation against the victim is the same as the grounds for appeal as the grounds for appeal for the denial of illegality. The first instance court’s determination is just and acceptable, and even if the Defendant’s statement or other materials were presented in the trial, it is difficult to view that the illegality of the Defendant’s act of defamation against the victim solely for the public interest, as it is for the sake of the public interest.

Therefore, the court of first instance cannot find out the illegality of mistake of facts or misapprehension of legal principles alleged by the defendant, so the defendant is related to this.

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