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(영문) 서울서부지방법원 2015.07.16 2014노1502
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. All parts other than the facts in this Court’s decision are not guilty on the grounds of the judgment of the court below, and it should be deemed that the prosecutor was exempted from the object of public defense among the parties because the prosecutor did not file an appeal. Accordingly, the scope of the trial in the court below is limited to the guilty part of the court below.

2. The summary of the grounds for appeal (legal scenarios) that the Defendant made the speech as described in the decision of the court below is to explain the reasons in the course of questioning and answering questions as to whether G Co., Ltd. (hereinafter referred to as “G”) which made sexually paid suspicions entered into a support agency contract with the FY group (hereinafter referred to as “FY”) with the president of the F protocol-gu group (hereinafter referred to as “T project”), and as such, if G vicariously executes the support agency, it is likely that D members could be honorary.

Therefore, the judgment of the court below which found the defendant guilty on the ground that there was a justifiable reason to believe that the alleged facts were true, and that the statement was made solely for the public interest as stated in the judgment of the court below. Thus, even if the illegality was dismissed by Article 310 of the Criminal Act, the judgment below erred by misapprehending the legal principles

3. Determination

A. For the purpose of not punishing an act that defames a person by openly pointing out facts, the alleged facts are related to the public interest when objectively viewed, and an actor should also indicate such facts for the public interest. In addition, the alleged facts are true or, at least, there are reasonable grounds to believe such facts to be true, and there are reasonable grounds to believe such facts. In this context, the term "a serious fact" means a fact that is consistent with objective facts in light of the overall purport of the content.

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