명예훼손
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is a pastor of ‘D Religious E church' in Orcheon-gu, Ocheon-gu, Ocheon-gu.
On September 26, 2014, the Defendant called “E church,” operated by the victim FF (54 years of age and inn) to “GG church,” “F,” which was set off from middle school, to be set off, to be set off, to be set off, to be set off, and to be set off, and to be set off, and is a false neck.
“.....”
However, it is true that the victim has withdrawn from middle school and did not have a professor with a worship, but it is true that he/she has received a pastor.
As above, the Defendant damaged the reputation of the complainant, such as publicly expressing the facts and false facts to H, etc., as described in the list of crimes in the attached Table.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of a witness I, J and K;
1. Statement made by the police with respect to F;
1. Each fact-verification by K, J, I, H, L, M, and N;
1. He/she has the reason to believe that he/she had the objective of public interest in the case of the attached Table 1 and 8, and that there was no intention of defamation in the case of the attached Table 2 through 7, and that there was a reason to believe that there was a true fact in the case of the above Table 2 through 7, and that there was a reason to believe that there was a true fact in the purpose and public interest.
The argument is asserted.
The purpose of "the purpose of slandering a person under Article 309 of the Criminal Code" is to protect the will or purpose of the harm, and there is a conflict between the two in the direction of the actor's subjective intention, as it is for the public interest.
Therefore, unless there are special circumstances, if the timely facts are related to the public interest, the purpose of the defamation is denied (see Supreme Court Decision 98Do2188 delivered on February 25, 2000, etc.), and "the purpose of slandering the people" is that the intention or purpose of the harm is required.