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(영문) 서울서부지방법원 2017.04.20 2017노86
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding the facts) is that the Defendant, who is a traffic accident victim, did not receive proper compensation from the victim Hyundai Insurance Co., Ltd., a vehicle insurance company, and did not know about the order with the civil organization’s aid, and did not know about the installation of the instant banner. Therefore, the judgment of the court below which found the Defendant guilty is unreasonable.

2. The lower court found the following circumstances based on the evidence duly adopted and examined by the lower court, namely, ① the Defendant posted a banner at the front of the Financial Supervisory Service, which would be concluded as having committed an unlawful act, such as manipulating the speed of the perpetrator in the course of traffic accident handling the traffic accident by the Defendant, without any objective factual verification as to whether the Defendant committed such an act. The Defendant continued such an act of demonstration, such as dismissing D or avoiding criminal liability for speed manipulation, etc., for more than three months at the same time; ② the Defendant posted a banner at the victim’s headquarters head office as above, the Seoul Western District Court Decision 2016Hun-Ma603, 603, which became final and conclusive, and the Defendant did not have any knowledge about the content and method of the banner, and there was no intention of defamation, or there was no intention of defamation.

It is difficult to see the defendant's act, and it is recognized that the defendant's act constitutes a crime of defamation by publicly alleging false facts, and thus, the defendant's argument disputing it

3. 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 for conclusion is without merit.

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