명예훼손
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
However, the period of one year from the date this judgment becomes final and conclusive.
1. The defendant's written opinion and the defense counsel's oral argument submitted after the gist of the grounds of appeal are not timely filed shall be determined only to the extent of supplement of the grounds of appeal specified in the grounds of appeal, and no separate decision shall be made as to any assertion not stated in the grounds of
The Defendant provided victims with an opportunity to attend and speak at the board of directors of the CMerchant’s association (hereinafter “merchant’s association”), but the victims refused this opportunity, and the victims continued to file a civil petition or file a criminal complaint and file a criminal charge despite the final judgment of conviction in the course of embezzlement, etc., and the Defendant, the Chairperson of the Merchant’s Association, who is the Chairperson of the Merchant’s Association, posted a written public notice in such a manner that it is deemed the most likely to spread by agreement with the executives of the merchants’ association, and thus constitutes a legitimate act.
Even if the defendant's act does not constitute a legitimate act and constitutes defamation, the defendant's act publicly announced the fact of expulsion at the level of the merchant's right to know, so the defendant's act is about the public interest and thus illegal as it constitutes Article 310 of the Criminal Act (misunderstanding of facts and misunderstanding of legal principles). 2. Judgment on
A. On December 17, 2016, the Defendant: (a) published on the C’s bulletin board that victims were expelled from the C merchants’ conference due to occupational embezzlement; and (b) undermined the honor of victims by openly pointing out facts.
B. 1) Whether an act constitutes a justifiable act refers to an act that is permissible in light of the overall spirit of the legal order or the social ethics or social norms surrounding it, and the specific circumstance is that a certain act is dismissed as a justifiable act that does not contravene social norms.