명예훼손
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal as indicated in the facts charged, the Defendant distributed the criminal judgment itself against the victim to more than 9,400 members, as inducements. The Defendant distributed the above printed matter to raise the question of the executive organ of the Association of this case is sufficient solely by the expression that the victim was convicted, but the Defendant’s act of copying and distributing the criminal judgment itself cannot be deemed as having infringed upon the victim’s reputation, and thus, it did not err by misapprehending the legal principles of Article 310 of the Criminal Act, thereby adversely affecting the conclusion of the judgment.
2. Article 310 of the Criminal Code of the Judgment is not punishable if the act under Article 307(1) is true and solely for the public interest.
“As it prescribes, the reputation of a person was damaged by publicly alleging facts.”
Even if the facts are related to the public interest and the facts are stated for the purpose of public interest, if it is proved that they are true, the illegality is dismissed, and such acts are not punishable. Article 310 of the Criminal Act refers to the public interest when the alleged facts are objectively viewed, and an actor should make a statement of facts subjectively for the public interest. It refers to not only the public interest of the State, society, and other general public, but also to the interest and interest of a specific social group or its entire members. Whether the alleged facts relate to the public interest or not is included in the expression itself, such as the contents and nature of the alleged facts, the scope of the other party against which the publication of the relevant facts was made, and the method of expression, etc., shall be considered, and at the same time, the expression shall be made.