명예훼손
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant merely distributed the contents to be explained by A while leaving the meeting place of occupants' representative meeting in the form of "written confirmation of facts", and there is no intention to defame the victim. Since the act was performed as the chairperson of the occupants' representative meeting, the Defendant's act constitutes a justifiable act under Article 20 of the Criminal Act.
2. Determination
A. Determination 1 as to the assertion that there is no intention of defamation. 1) In the crime of defamation, “intentionally” refers to the perception and intent of a fact that may undermine another’s social evaluation. The intent of a crime includes not only a conclusive intention but also the so-called “unclaimed intention”, which is an intention to recognize the occurrence of a result. As such, the crime of defamation by publicly alleging false facts is also established by dolus negligence (see, e.g., Supreme Court Decision 2013Do12430, Mar. 13, 2014). 2) The lower court and the lower court’s trial duly adopted and investigated the following facts.
① On January 2014, the victim E claimed that an existing company, at the time of the regular meeting of the resident representative meeting, enter into a number of contracts with the Sangwon S&C Co., Ltd. (hereinafter “ Sangwon S&C”). However, at the time, the Defendant and the members of the representative meeting, who are the chairperson of the resident representative meeting, were in dispute with the victim about the eligibility to participate in the bidding between the victim and the member of the representative meeting.
② In this process, the issue was whether the upper E&C adjusted the hours of guard service at the time of the reverse contract for the existing guard, and the victim demanded the resident representative conference to verify the facts on January 27, 2014.
The defendant requested A to attend the resident representative meeting, but A, on January 28, 2014, attended the resident representative meeting and submitted a fact-finding confirmation instead of speaking.
3. However, the above fact-finding certificate is false.