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(영문) 서울중앙지방법원 2014.03.13 2013노4408
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (1) Since the victim F’s coercions the victim E with the mouth, it cannot be viewed as a statement of false facts. Even if it is false, the Defendant did not have any false perception.

(2) The statement of facts by the Defendant is solely for the public interest of the entire religious order, and its illegality is dismissed as it constitutes true facts and solely for the public interest.

(3) Since the banner posted by the Defendant did not specify the victim F’s name, it does not constitute a statement of fact, which is the constituent element of defamation.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. As to the public allegation of false facts, (1) The summary of the crime committed by the Defendant, on August 27, 2012, damaged the reputation of the said victim by openly pointing out false facts by making the sound “F General E, who is a person related to the above religious order, has forced the above religious order E to attend the lecture on the spot where ten persons related to the above religious order were heard.” The Defendant, even though there was no fact that the victim E ( South and North, and 7 years old) was forced to attend the lecture from the general affairs of the above religious order F, thereby impairing the reputation of the said victim.”

(B) On August 13, 2012, the Defendant posted a banner stating the phrase “a flag who forced sexual intercourse with East Franchisium” in front of the above general meeting center, and damaged the honor of the victim F (F) by openly pointing out false facts by read the same content.

(A) In order to establish defamation by publicly alleging false facts as provided in Article 307(2) of the Criminal Act, the offender publicly expresses the fact.

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