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(영문) 대전지방법원 2019.10.17 2019노550
명예훼손등
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal: Error of mistake of facts or misapprehension of legal principles and unreasonable sentencing

A. As to each of the facts charged in the instant case’s assertion of mistake of facts or misapprehension of legal principles, the fact that the Defendant committed the same act as the facts charged (hereinafter “each of the instant defamation acts”) is recognized.

However, the facts alleged by the Defendant at the time of each of the instant defamation acts constitute true facts or at least where there are reasonable grounds to believe that the Defendant is true facts.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts or misapprehension of legal principles, although the defendant was acquitted in relation to each defamation of this case.

B. The judgment of the court below on the summary of the allegation of unfair sentencing (hereinafter referred to as a fine of KRW 1,500,000) is too unreasonable.

2. Determination

A. The lower court determined as to the Defendant’s assertion of mistake of facts or misapprehension of the legal doctrine, based on the circumstances indicated in its reasoning, that the Defendant could sufficiently recognize that there was an intentional act of defamation against the Defendant by stating false facts with knowledge that there was no legal right to receive money from the victims, and that such an act was conducted in a public interest manner by stating true facts or cannot be deemed as

Examining the reasoning of the judgment of the court below closely with the record, such judgment of the court below is just and acceptable, and even if the defendant's act does not indicate true facts, it does not constitute a case where there are reasonable grounds to believe that the defendant is true.

Therefore, the judgment of the court below contains an error of mistake or misunderstanding of legal principles as alleged by the defendant.

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