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(영문) 청주지방법원 영동지원 2016.06.23 2016고정2

명예훼손

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 6, 2015, the Defendant: (a) d religious E church located in Chungcheongnam-dong C, Chungcheongnam-gu, Chungcheongnam-do; (b) Doing away from the flab’s walk walk walk, privately placed, and sexually changed by the Do of a new wall; and (c) Doing away from the opening.

In a banner stating the content of “D religious organization E church”, the victim’s reputation was damaged by publicly pointing out the fact that the victim G, who is the sex of the said church, commits a theft of the said church by openly displaying the said banner on the Fpoter trucking vehicle in Defendant’s operation.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the defendant or G by the prosecution;

1. Statement of the police statement related to G;

1. Photographs attached to the written complaint by G;

1. Application of statutes on site photographs;

1. Article 307(1) of the Criminal Act and Article 307(1) of the same Act concerning the relevant criminal facts and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the gist of the argument is the fact that a banner, such as the facts constituting the crime in the judgment of the defendant, is posted, such an act constitutes a justifiable act as provided by Article 20 of the Criminal Act and thus, is not illegal.

2. Determination

A. The phrase “act which does not contravene the social norms” as stipulated in Article 20 of the Criminal Act refers to an act which may be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether a certain act is justified as an act which does not violate the social norms, and the illegality of which is excluded should be determined on an individual basis, based on specific circumstances, by rationally and reasonably examining the following.

Therefore, in order to recognize such a legitimate act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the third protected interests and the infringed interests, and the fourth.