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(영문) 서울동부지방법원 2017.04.13 2016노1059
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not appear at the scene of the demonstration, and even if the Defendant took part in the demonstration by domestic affairs, the Defendant’s act was forced by F, a member of H church, to attend the E church, and thus, the Defendant’s act is dismissed as it stated true facts for the public interest and is therefore dismissed from the illegality.

2. According to the evidence duly admitted and adopted by the court below, the defendant is the outside of the E church, the defendant is the believers who was the chief of the general affairs of the above church, the defendant was a demonstration in front of the H church in every week Sundays from August 2014 to February 2, 2015, and the F, a member of the H church at the time, was the new member of the H church.

Although J or other new Dos did not provide education, the believers of E church, including the Defendant and B, were engaged in demonstration, and F was confined to a new attitude and provided education, and it was found that F was unable to take a hand-off for the purpose of opening a new course of education and obtained money from a new Do, and distributed a shot paper.

According to the above facts of recognition, the defendant, in collusion with the believers of the E church including B, has damaged the F's reputation by stating false facts about the F, and the above defendant's act cannot be said to be justified.

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

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