출판물에의한명예훼손
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. The Defendant was promoted from around April 2007 at the victim H Development Project Association (hereinafter “H Development Association”), and raised a suspicion that he/she had obtained a golf-related contact from the victim H Development Association to obtain authorization on April 14, 2008 and applied for the designation of an urban planning facility project implementer and the implementation plan on the land owned by the Defendant on November 2007, and continuously filed a civil petition to the effect that he/she had an objection to the said development project while working as the chairperson of the H Development Project Emergency Countermeasures Committee, after having received a disposition of no permission from Pyeongtaek-si. In the process, the Defendant raised a suspicion on several occasions to the effect that the victim I and J, who is a public official of the Pyeongtaek-si Office, had obtained an unfair authorization from the victim H Development Association with respect to the said development project.
However, there was no fact that victim I and J obtained golf from the victim H Development Association and obtained unfair authorization, and it was confirmed that it was not the above suspicion as a result of the audit of Pyeongtaek-si and Gyeonggi-do, etc., and the defendant was aware of these circumstances.
Nevertheless, on April 23, 2014, the Defendant posted an advertisement in the Pyeongtaek-si’s newspaper, stating that “The Defendant has been granted with golf-related premises and designated the district, caused damage to civil petitioners, and the union and Pyeongtaek-si Office issued an implementation plan in collusion with each other.” On April 30, 2014, the Defendant posted an advertisement with the same content as the above newspaper.
Accordingly, the defendant has damaged the honor of the victims by openly pointing out false facts through newspapers for the purpose of slandering the victims two times.
2. Determination
A. The crime of defamation by publication under Article 309(2) of the Criminal Act is established when another person’s reputation is damaged by pointing out false facts through newspapers, magazines, radio, or other publications for the purpose of slandering other persons. The prosecutor’s allegation that the alleged facts are false.