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(영문) 인천지방법원 2017.01.11 2016노2991
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant believed that the alleged facts are true, and committed an act as stated in the judgment of the court below for the purpose of public interest in relation to the assistance of the union and therefore, it does not constitute a crime.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

2. Whether an actor has a reasonable ground to believe the content of the expression is true or not, taking into account various circumstances, such as the following: (a) whether the actor has made an adequate and adequate investigation to verify the authenticity of the expression; (b) whether the actor has conducted an adequate and adequate investigation to verify the authenticity of the expression; and (c) whether the authenticity of the expression is supported by reasonable materials or grounds, even if it is objective and reasonable.

In light of the above, determination must be made (see Supreme Court Decision 2005Da58823, Jan. 24, 2008; Supreme Court Decision 2010Da61793, Dec. 27, 2012). In full view of various circumstances acknowledged by the evidence duly adopted and investigated by the court below as stated in the court below, the defendant performed an adequate and adequate investigation to verify the authenticity of the defendant.

It is difficult to see that the truth of its contents is supported by reasonable data or evidence, even if it is objective;

It is also difficult to see it.

Therefore, the defendant's assertion of mistake of facts is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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