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(영문) 광주지방법원 2018.07.17 2017노4234
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to defamation of the 2017 High Order 332 cases, the Defendant’s act is dismissed inasmuch as the public notice, misunderstanding of legal principles, and the content of misunderstanding of facts and misunderstanding of legal principles as to defamation of the 2017 High Order 332 cases are all true, and the Defendant stated facts for the public interest.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of facts and legal principles.

B. The Defendant, as stated in this part of the facts charged, did not inflict an injury on E, as otherwise alleged in this part of the facts charged, on the part of the 2017 Highest 332 Incident.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

(c)

The Defendant, misunderstanding the fact as to the insult of the 2017 High Court 629 Incident, did not insult the victim C by making the same remarks as those indicated in this part of the facts charged.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

(d)

misunderstanding of the facts as to defamation of 2017 and 629 cases, and misunderstanding of the legal principles, the Defendant broadcast to the effect that “C is a sexual assault offender and a fraudulent change,” and the content broadcasted by the Defendant to the effect that “C has committed numerous irregularities while serving as the president of the occupants’ representative meeting.” The Defendant’s act is all true and correct, and the Defendant stated facts for the public interest, and thus, the Defendant’s act is dismissed from illegality.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of facts and legal principles.

2. Determination

A. Determination of the misunderstanding of the facts and the misapprehension of the legal doctrine as to defamation of the 2017 High Order 332 cases is 1) In determining whether the facts alleged in the crime of defamation by publicly alleging false facts under Article 307(2) of the Criminal Act are false, the overall purport of the alleged facts is examined.

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