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(영문) 서울서부지방법원 2018.09.11 2017고정1633

명예훼손

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the representative of the Mapo-gu Seoul Metropolitan Government Dtel (hereinafter “instant building”)’s management, and the Defendant and the joint Defendant E are those employed by F, the owner of a part of the instant building.

Defendant

In accordance with F’s instructions, Defendant E did not hold a meeting one time on the wall of the entrance entrance of the instant building, the inside and outside door of the elevator, and each floor (1-9 floors) corridor of each floor (1-9 floors) within the term of one year on December 22, 2016, and the president and the chief of the management office are present at the end of the term of office, although the victim registered in the Mapo Tax Office and held a meeting.

The letter of “Public Notice of Right of Retention”, which states false facts, was attached to the two categories of printed materials in the second chapter of “Public Notice of Right of Retention,” and put into the second chapter “A letter of consent to call a temporary management assembly (the power of attorney)” which states the same contents in the mail for each household on the first floor of the instant building.

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

2. The assertion and judgment

A. The Defendant’s summary of the assertion is true, and even if it is false, the Defendant was aware that it was true.

In addition, as long as the defendant attached or puts such inducements for the public interest, the illegality of the defendant's act is excluded in accordance with Article 310 of the Criminal Code.

B. 1) First, we examine whether the facts alleged by the Defendant were false or not, and whether the Defendant was aware that the facts were false or false.

A) In order to establish the crime of defamation by publicly alleging false facts as provided by Article 307(2) of the Criminal Act, the offender must publicly indicate the fact, and the time of the time should be a degradation of the people’s social evaluation, and the offender should be the same.