명예훼손
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant: (a) from around 07:00 on June 5, 2015 to around 20:00, up to 174, as Mapo-gu Seoul Mapo-gu, “100,000 users work for them; and (b) the prosecution cited E and F, which embezzled money to good members, with the content of “(G)” in the front door of the Seoul Western District Prosecutors’ Office located in Mapo-gu Seoul Mapo-gu Seoul Western District Prosecutors’ Office, thereby impairing the reputation of the victim F by openly pointing out facts.
2. A person who defames a person by openly pointing out a fact that judgment is made shall be punished by imprisonment with or without prison labor for not more than two years or by a fine not exceeding five million won (Article 307(1) of the Criminal Act). However, if such an act is true and solely for the public interest, no punishment shall be imposed (Article 310 of the Criminal Act). If the principal purpose of the actor who publicly stated the fact is to promote the public interest, other purposes
Even if the application of Article 310 of the Criminal Act is not excluded (see Supreme Court Decision 2008Do6342, Nov. 13, 2008). In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the Defendant’s act is a true fact, and thus, it is judged that it is not unlawful.
A. The Defendant’s alleged facts are deemed to have embezzled the victim’s money to a specific group of “the incorporated association G,” and whether the victim’s embezzlement constitutes a public interest issue of the persons affiliated with the said incorporated association, and the Defendant’s private interest is involved in this regard.
There is no circumstance to see.
B. In the statement of the above facts, the Defendant only carried out the above saves in front of the Prosecutor’s Office, which is an investigative agency, and did not use the saves against the victim.
(c)
In light of the public nature and method of expression as seen earlier, the main motive and purpose of the defendant are above.