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(영문) 광주지방법원 순천지원 2018.11.12 2018고정176

명예훼손

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant was elected as a candidate for the head of the Tong who was conducted at the Mineyang-si Community Center around December 14, 2017, along with the victim D.

The Defendant may create a three leaflet to the residents during the election campaign period from December 2, 2017 to December 13, 2017, by giving them notice to him, and shall not leave the village to them absolutely.

“In the other framework of ‘the community center is transferred to the name of its own organization by the resident', and the court does not agree to the advice that the person in charge of this issue should agree with the C Village Community Association, so the middle-standing institution is judged by the law as it is impossible for the author to leave the community center.

“After stating the contents of “,” it is difficult for a person who does not pay rent to the village to register as a candidate for the head of the Tong,” at the middle of that leaflet.

"Along with the fact that D, as a victim of the damage caused by inserting the examination writing on the Nowon-gu basis, uses a community hall board (Et) and transmits the above village C residents E, etc. with a cell phone text and a photo along with a cell phone image, by openly pointing out false facts as if the rent was not paid, and then distributing the above leaflet to F Village residents, thereby impairing the honor of the victim.

2. Determination

A. Since the facts alleged by the Defendant and his defense counsel were true, and the Defendant distributed the leaflet for the public interest, the Defendant’s act is dismissed in accordance with Article 310 of the Criminal Act.

B. 1) In order to establish a crime of defamation by a statement of false facts as provided by Article 307(2) of the Criminal Act, the criminal must publicly indicate the fact, and should be a false fact that reduces people’s social evaluation, and the criminal should be punished.