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(영문) 대구지방법원 2019.09.20 2019노864
명예훼손
Text

The judgment of the court below is reversed.

Defendants shall be punished by each fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. The Defendants did not have made the same remarks as indicated in the facts charged of the instant case (hereinafter “instant remarks”).

B. In light of the legal principles, even if the Defendants made the instant speech, it is merely a subjective expression of opinion, and it does not indicate specific facts to the extent that it impedes the social evaluation of the victims.

(2) The content of the instant statement is not false, but it cannot be deemed that the Defendants made the instant statement while recognizing that the content was false.

(3) The instant statement was in the meeting of the C Steering Committee, and its performance is not recognized as having no external possibility of dissemination.

2. We examine ex officio the Defendants’ grounds for appeal prior to the judgment on the grounds for appeal.

In the trial of the court below, ① the facts charged as to defamation, which the prosecutor found guilty, is maintained as the primary facts charged, and the phrase “ around 18:00 on May 8, 2017” in paragraph (1) of the previous facts charged, “as between May 8, 2017 19:0-20:00 on May 8, 2017 and around 18:00 on May 8, 2017” in paragraph (2) of the previous facts charged, “as between May 8, 2017 and around 19:00-200 on May 8, 2017,” respectively, ② “in preliminary,” “defluence” in the name of the crime, “Article 311 of the Criminal Act, Article 334(1) of the Criminal Procedure Act,” and “4.04.

The judgment of the court below was no longer maintained because the subject of the judgment was changed by adding each of the ancillary charges as stated in the "paragraph" and the subject of the judgment was changed by this court.

However, despite the above reasons for ex officio destruction, the defendants' assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court within the scope of judging the changed primary facts charged, and this is examined below.

3. Judgment as to the defendants' assertion on the primary facts charged

A. Defendants A and B of the primary facts charged are in Category C.

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