명예훼손등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a year and a fine of KRW 500,000.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) In relation to defamation, Defendant 1’s mistake of facts or misapprehension of legal principles, and each of the defamations of this case is not identified as the facts charged because it is impossible to identify who is the victim’s police officer. Thus, public prosecution ought to be dismissed.
(2) In order to establish defamation by group display, the Defendant’s speech should damage the reputation of all the Seocheon Police Officers. The overall appearance of the instant speech is not sufficient to show that the specific police officers who received the report did not operate cageage at the cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cages, or that all the police officers of Seocheon-cheon Police station
(3) Although there are some expressions written by the Defendant’s statement, in light of the overall contents of the statement, it is a content that criticizes police officers’ failure to perform their duties, and thus, the public interest did not exceed the bounds of the freedom of expression in question.
(4) As to the crime No. 2 of the judgment below, the Defendant merely cited and introduced the horses from E, and believed that E was true at the time, and there was no intention to indicate defamation or false facts.
(5) The Defendant’s statement generally complies with the truth, and even if it is somewhat unclear whether it is true, there was considerable reason to believe that the Defendant was true, which constitutes a case pertaining to public interest pursuant to Article 310 of the Criminal Act, since the Defendant’s statement constitutes a case pertaining to public interest by demanding ex officio movement by the Seocheon Police and improvement of duties pertaining to the security and maintenance of order of residents.
(6) Each of the instant cases.