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(영문) 수원지방법원 2018.07.12 2017노5932
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant did not have an intention to impair the reputation of the victim, on the ground that there was a fact that the Defendant posted a notice far away from the way of movement, and did not have any fact to read the content thereof.

Even if the defendant's intention is recognized, it is difficult to view the content of the notice as a fact that defames the victim's external reputation.

Even if it is assumed that the content constitutes a fact that defames the external reputation of the victim of the novel, its illegality is excluded in accordance with Article 310 of the Criminal Act because it solely concerns the public interest as a true fact.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. In full view of the following circumstances where the court below’s determination as to whether the content of a notice constitutes a fact that defames the victim’s reputation, it is reasonable to view that the notice in this case constitutes a fact that impairs the victim’s reputation when considering the specific situation surrounding the establishment of the research institute and the victim’s status and position in the apartment site, etc., in light of the following circumstances, the content of the notice in this case constitutes a violation of the victim’s reputation.

1) From around 2010, E Co., Ltd. (hereinafter “E”) promoted the establishment of a research institute related to concrete mixtures in the vicinity of Yeongdeungpo-gu Seoul apartment (hereinafter “the instant apartment”). The most of the apartment residents of the instant case expressed their opposing positions on the grounds of environmental rights, learning rights of neighboring elementary school students, etc. from the beginning of 2011 (a survey conducted around January 201, 693 households, among 1,092 households, participate in voting.

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