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(영문) 서울서부지방법원 2013.05.01 2012고정1208

명예훼손

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is the chairperson E.

On October 24, 2011, the Defendant: (a) at the office of the Establishment Promotion Committee for the E Housing Redevelopment Project in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) the Victim G used the money received from Hyundai Construction without a specific occupation to call for public relations personnel in the name of Hyundai Construction; and (c) there was no fact that he applied for G in front of the Party G by using public relations personnel in the name of Hyundai Construction in the election of the Chairperson of the Reserve Promotion Committee; (d) “GC and G CC are fluent with the help of H Construction without a specific occupation for 10 years; and (e) there was no fact that he provided the Defendant.” As the Chairperson of the Land, Infrastructure and Transport Act knows that “PC and G C C were fluent with the money received from H Construction, and fluent with the view that H construction would fall from the election of the Chairperson of the Promotion Committee, I would like to call for the PP and members of the Promotion Committee to promote the development project under the name of the Chairperson of the Land, Infrastructure and Transport.”

Accordingly, the defendant damaged the reputation of the victim G by openly pointing out false facts.

2. Although the Defendant’s assertion that the Defendant and the defense counsel sent a newsletter containing the same content as Paragraph 1, the content of the newsletter is not different from objective facts, or at least it was believed that the Defendant was true on the basis of various circumstances, and the foregoing act is for the public interest of the entire members, and thus, illegality is dismissed.

3. Determination

(a) If an act that defames a person by openly pointing out a fact is true and solely for the public interest, the Criminal Act shall apply.

참조조문