logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.03.28 2014노269
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below convicting the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles as to the grounds for excluding illegality under Article 310 of the Criminal Act, which affected the conclusion of the judgment, since the Defendant’s act of posting a banner is not false as a true fact, and the Defendant’s act of posting it for the public interest of all residents of Gangnam-gu Seoul N apartment (hereinafter “the apartment of this case”).

B. The lower court erred by misapprehending the fact that the lower court found the Defendant guilty of this part of the charges, thereby adversely affecting the conclusion of the judgment, even though the Defendant presented the Defendant’s opinion to C with the conflict of interest, and did not threaten C, and furthermore, C did not feel out of the appearance.

2. Determination:

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the allegation of 1 mistake of facts as to defamation, the contents of the banner posted by the defendant shall be deemed to have indicated the false facts as if the dispute arising in relation to the election of the representative of the apartment of this case was caused by the victim C's death by the victim C, while the victim G was a member of the election management committee, and the contents of the banner posted on the banner were false. The defendant's assertion that the contents of the banner were not false.

① From December 12, 201 to April 14, 201, the instant apartment was elected to elect representatives by buildings, but only I, the chairperson of the immediately preceding election management, etc.

arrow