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(영문) 서울북부지방법원 2019.05.17 2018노1955
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

Around September 9, 2017, the summary of the grounds for appeal (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing) and the Defendant did not attach the same inducement as indicated in the facts charged (hereinafter “instant inducement”) to D on or around September 9, 2017, and even if the Defendant prepared the instant inducement on September 9, 2017, the content of the instant inducement does not constitute “B accounting company” as the victim.

The contents indicated in the instant incentive are all true, and even if it is false, the Defendant did not have the perception that it is false.

The defendant posted the instant printed material to find a witness who is aware of the facts of his damage, and the defendant did not have any intention of defamation.

In addition, in light of the motive, purpose, means, methods, etc. of the act, the posting of the instant printed materials by the Defendant is justified as it does not violate the social norms and is thus dismissed.

The sentence of the lower court on unreasonable sentencing (fine 2 million won) is too unreasonable.

In a criminal trial as to the assertion of mistake of facts and misapprehension of legal principles, the finding of guilt in a criminal trial as to whether the defendant posted the printed matter of this case shall be based on evidence with probative value sufficient to cause a judge to have a conviction that the facts charged are true to the extent that there is no reasonable doubt, and if there is no evidence to establish such a degree of conviction, it is doubtful that the defendant is guilty.

Even if there is no choice but to judge the interests of the defendant.

However, such a conviction must not necessarily be formed by direct evidence, but can be formed by indirect evidence unless it violates logical and empirical rules.

In addition, reasonable doubt means not all questions and irregularities, but facts that cannot be compatible with the facts in accordance with logical and empirical rules.

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