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(영문) 제주지방법원 2016.06.09 2016고정38

명예훼손

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who operates a DNA certified broker in Jeju City C.

On September 5, 2015, the Defendant visited E NAV (300 members of the number of subscribers; hereinafter referred to as “the instant broadband”) from Jeju around September 5, 2015, and attached a victim F’s photograph on the broadband bulletin board, and attached “The number of persons belonging to the multiple copies of the images of a certified broker of opening business is unregistered and non-qualified as referred to in the association representative.”

Amado traded ambrhhhhhhhhhhn in the ambrmothy.

A. Starting of business

At the time of 205, the United Nations was in G, and so far, it is necessary to open the office of the certified broker so far. Of course, it is not required that the registration of the brokerage assistant should not be made.

The proposal has entered into a contract with a customer who has advertised and brupted in the master real estate.

A notice stating " was posted".

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

2. Determination

A. According to the evidence adopted and examined by the court, the Defendant’s act of impairing the victim’s reputation is recognized at the date and place indicated in the instant facts charged, and at the same time and place as indicated in the instant facts charged.

In regard to this, the defendant and his defense counsel argued that the illegality of the article posted by the defendant is excluded in accordance with Article 310 of the Criminal Act because it is true and solely for the public interest.

B. For the purpose of Article 310 of the Criminal Act, the term “only for the public interest” refers to the public interest when objectively viewed the alleged facts, and an actor should also indicate the facts for the public interest subjectively. It includes not only the public interest of the State, society, and other general public, but also the interest and interest of a specific social group or its entire members.

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