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(영문) 창원지방법원 2015.01.14 2014노1573
출판물에의한명예훼손등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal revealed that the Defendants posted false facts, such as “the victim has a friendly relationship with P, or the victim’s friendly relationship was well-known by the O government, or Qu Round was from T origin,” and did not make efforts to verify the authenticity of the contents of the above article.

Therefore, the purpose of defamation is recognized since the Defendants posted articles to criticize victims unilaterally without reasonable grounds.

2. Judgment on the primary facts charged

A. From among Her G Internet homepage articles posted by the Defendants, and Ier G weekly news articles published by the Defendants, the victim has a relationship with P.

or the victim's pro-friendly path of the O government, the Cheongdae-gu Office had been debrisoned.

However, in full view of the circumstances duly revealed by the lower court, the evidence submitted by the prosecutor alone cannot be deemed to have a purpose of slandering the victim, and all of the Defendants were acquitted. In so doing, the lower court acquitted the Defendants.

B. Examining the evidence duly admitted and investigated by the court below in light of the evidence, the judgment of the court below is just and acceptable, and the evidence submitted by the prosecutor alone is insufficient to eliminate reasonable doubts as to the facts charged against the Defendants, and there is no other evidence to acknowledge it.

3. Judgment on the ancillary facts charged

A. In the trial, the prosecutor added the charges to the preliminary charges stated in the name of the preliminary crime, “defacing”, “Article 307(2) and Article 30 of the Criminal Act”, “Article 307(2) and Article 30 of the Criminal Act”, and applied for changes

[Preliminary Facts charged] Defendant A is the president of “G”, who is the main place of Kim Sea area, and Defendant B is the reporter of the newspaper company’s economic department.

(ju) The J representative K’s total sum of 237,985 square meters for the damage of the J representative K in Kimhae-si.

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