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(영문) 광주지방법원 2018.11.22 2018고정332

명예훼손

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around March 20, 2017, the Defendant: (a) on March 20, 2017, the 16th shareholder D Co., Ltd., Ltd.: (b) stated that “The Defendant was unable to drink with her thickness, one female name and medicine different from E; and (c) 3 took advantage of diala.

The words were written.

The message “ sent the text message to the victim, thereby impairing the victim’s reputation by openly pointing out facts.”

Summary of Evidence

1. Partial statement of the defendant (the third public trial date);

1. Statement made by the witness F in the second public trial record;

1. Each legal statement of witness G and H;

1. The protocol concerning the examination of suspects of the prosecution 1 and 3 times against E;

1. Application of Acts and subordinate statutes, such as a complaint ( October 2, 2014) and evidentiary materials (netly 3)

1. Article 307 (1) of the Criminal Act and Article 307 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel asserts that the illegality of the defendant's act is excluded as it is for the public interest, in determining the argument of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act.

Therefore, even if any expression impairs another person's reputation, it is not unlawful if it is a matter of public interest and its purpose is solely for the public interest. If it is true or if the actor has a reasonable ground to believe it as true.

In this context, the term "when the objective is solely for the public interest" means that the stated facts are related to the public interest when objectively viewed, and an actor also expresses such facts for the public interest. If the principal purpose or motive of an actor is incidental for the public interest, if the main purpose or motive of an actor is incidental to the other private interest purpose or motive, it is unreasonable, and the term "faith fact" here means a fact that conforms to objective facts, which differs from truth or somewhat exaggerationd in detail in light of the overall purport of the contents.