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(영문) 부산지방법원 동부지원 2014.04.28 2014고정1

폭행등

Text

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

Reasons

1. Summary of the facts charged

A. Around 19:20 on June 21, 2013, the Defendant assaulted the victim’s hand by means of cutting down the victim’s hand and pushed down the victim’s hand on the ground that the victim F would have expressed the victim’s desire to do so by telephone at the International Brokerage Office located in Busan Shipping Daegu H, Busan.

B. On June 18, 2013, at around 19:00 on June 18, 2013, the Defendant was present at the J Promotion Committee at the 30 promotional office located in the Busan Shipping Daegu H, Busan, and thereby, the Defendant injured the victim’s reputation by openly pointing out facts by attending the 10 promotion committee, and “F is two years of suspended sentence in the first instance court with a sentence of ten months, and is not the president under the law and regulations.”

2. Determination

A. Defamation “When an act of damaging a person by openly pointing out a fact is true and solely for the public interest” cannot be punished pursuant to Article 310 of the Criminal Act. Here, “Mise fact” refers to a fact that is consistent with objective facts in light of the overall purport of its content, and even if there is a little or exaggerated expression that differs from truth or is somewhat exaggerated, the expression “when it comes to the public interest” refers to the public interest when objectively viewed the alleged fact, and thus, an actor should also indicate the fact for the public interest. It includes not only the matter concerning the public interest of the State, society, or other general public, but also the matter concerning the interest and interest of a specific social group or its entire members. Whether the alleged fact relates to the public interest or not, at the same time, includes not only the contents and nature of the alleged fact, the scope of the other party to which the publication of the fact was made, the method of expression itself, etc., and is damaged or damaged by such expression.

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