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(영문) 광주지방법원 2018.10.10 2018노754
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in this case, the court below acquitted the Defendant of defamation by publicly alleging false facts that the Defendant alleged that the victim F would have received money from E (hereinafter “E”) among the facts charged in this case, and sentenced the Defendant of a fine of two million won by publicly alleging false facts that the victim F would have attempted to kill the Defendant, among the facts charged in this case, the lower court acquitted the Defendant of the charge of defamation by publicly alleging false facts that the victim F would have attempted to kill the Defendant, and found the Defendant guilty of the charge of defamation by publicly alleging that the victim F would have received money from E. among the facts charged in this case, the Defendant did not appeal against the guilty part of the judgment below, and the prosecutor did not appeal against the acquitted part of the reasoning.

Thus, the part of innocence in the above reasoning is also reversed together with the part of the judgment of conviction. However, this part is already excluded from the object of attack and defense between the parties, and it is not determined by this court (see Supreme Court Decision 2004Do5014, Oct. 28, 2004, etc.). Therefore, the part of innocence in the above reasoning should be subject to the conclusion of the judgment of the court below, and it is not decided separately.

In relation to this, the defendant only expressed his opinion that the explanation of the suspected part should be required, but it is not a statement of fact, and even if a statement of fact was made, the defendant committed this act for the belief that his statement is true and for the public interest, so the defendant's act should be deemed to be excluded from illegality, but the judgment of the court below that found the defendant guilty is erroneous.

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