(영문) 서울남부지방법원 2018.05.25 2017노210

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(영문) 서울남부지방법원 2018.05.25 2017노210

명예훼손

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, in relation to paragraphs (a) and (2) of Articles 1-1 and 2-2 of the facts charged, told G to the victim’s family members in relation to this part of the facts charged, but there is no fact against the victim F.

At the time, the defendant was asked by G about the sexual assault case of his/her father's father and responded to this case, and only mentioned about the case of victim D, which is naturally similar to that of his/her father, and did not cause harm to the honor of the victim D's family.

2) As to this part of the facts charged, the Defendant did not have made a statement to the J that impairs the honor of the victim’s family members.

3) As to the facts charged Nos. 1-C and 2-B, the Defendant did not talk with J and L about the victim’s family members in relation to this part of the charges, and as to the victim F, whether the J was accused of the Defendant as a recipient of F’s non-performance of basic living, and the Defendant was not reported.

“The Defendant responded that the Defendant did not report,” and there is no fact as stated in the facts charged.

B. Legal doctrine misunderstandings, even if the Defendant talked about the victims G and J

Even if the facts related to G were already known to G in relation to the part talked to G (Article 1-A and Article 2-2-2(a) of the facts charged), and in relation to the part talked to J (Article 1-b, (c), and (b) of the facts charged), the Defendant used only the expression of a family name, name, student, etc. (AA case, AB case, etc.) and did not specify victims, and therefore, G and J could have disseminated the content of defamation to other persons.

No performance is recognized because it is difficult to see it.

(c)

The punishment sentenced by the court below which is unfair in sentencing (3 million won) is too unreasonable.

2. Determination

A. On the assertion of mistake of facts

유사 판례

-수원지방법원 안양지원 2017.10.20 2017고단472

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-부산고등법원 2018.06.20 2018노215

-대구지방법원 2017.01.13 2015노3571

-서울중앙지방법원 2014.07.24 2014노1649