명예훼손
The defendant is innocent.
1. The summary of the facts charged: (a) on March 26, 2012, the Defendant: (b) deposited the funds owned by the victim E (56 years of age) in the passbook in the name of the victim’s personal name; (c) voluntarily released and used the funds; (d) on September 2010, the Defendant released KRW 10 million out of the funds owned by the F Service Association as the passbook in the name of the victim’s personal deposit account; and (d) on September 2010, the principal amount decreased to KRW 4 million.
â……………………………… shall be the inducement of the instant caseâ…………………………………………………
B The members of G Women’s Aged Party Ha read the above contents to H, and said H read the above contents to be known to the Women’s Day.
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.
2. Determination
A. The Defendant and his defense counsel asserted that the Defendant received the instant printed materials from I on March 2012 and gave them to H. However, there was no perception that the contents recorded in the said printed materials were false, and that it was not to impair the honor of the victim, but to inform the F service Association operating members and executive officers of the problems of the operation of the meeting as they did not properly settle accounts or meet the general assembly, so it is not unlawful as it is for the sake of public interest.
B. (1) Determination may not be punished pursuant to Article 310 of the Criminal Act when an act that defames a person by openly pointing out a fact is true and solely for the public interest. Here, the term “material fact” means a fact that is consistent with objective facts in light of the overall purport of the content thereof, and even if a material part is a fact that differs from truth or somewhat exaggerated expressions exist, the term “when it is about the public interest” means an objective fact.