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(영문) 청주지방법원 2014.02.21 2013노546
명예훼손
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts charged pursuant to Articles 1 and 2 of the facts charged, it cannot be deemed that the contents indicated in the printed matter (hereinafter “the printed matter of the Gyeyang Declaration”) in the title “the Gyeyang Declaration” are false, and even if it is false, it is about the public interest of the occupants of the Cheongju-si E apartment (hereinafter “the apartment of this case”), and the victim did not enter them in the accounting report, etc. even though he collected the management expenses of the apartment of this case established in 1983 as prescribed by the management rules of the apartment of this case. The defendants believed that the contents of the above printed matter are true, and there is considerable reason to believe such contents.

B. As to the facts charged pursuant to paragraph (3) of the facts charged, the content indicated by Defendant B on the printed material of the title “M reconstruction cooperative” (hereinafter “M printed material”) constitutes Defendant B’s subjective connotation or opinion, and cannot be viewed as false.

Even if it constitutes a statement of false facts, it is related to the public interest of apartment occupants, and Defendant B believed that the contents of the statement are true at the time, and there are reasonable grounds for such belief.

C. Therefore, the lower court erred by misapprehending the legal doctrine on defamation or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. As to the charge Nos. 1 and 2 of the facts charged, the lower court determined whether the Defendants were false or not. In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the Defendants reviewed the lower level of fact, “the second transitional report after the declaration of the court of Second Instance” on May 7, 2012, but the Defendant removed the management expenses for commercial buildings from the injury related to the collection details of the management expenses that were submitted by the victims.

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