At around 20:00 on September 15, 2015, the Defendant damaged the honor of the victim by openly pointing out false facts by openly pointing out false information to the victim, even though the victim D did not have any contact with E, a seller of the unsold apartment in lots, or received illegal solicitation. However, there was 40 or more residents of the above apartment, and the representative of Dong, etc. are heard.

2. Determination

A. Article 310 of the Criminal Act provides that "When the act under Article 307 (1) of the Criminal Act is true and solely for the public interest, the act shall not be punished." The term "a serious fact" here means that the material part is consistent with objective facts in light of the overall purport of the content thereof, it is unreasonable that there is a difference from truth or somewhat exaggerated expression in the detailed meaning that it is a fact consistent with objective facts.

On the other hand, "the time when the alleged facts are related to the public interest" means the time when the alleged facts are objectively viewed, and an actor should also indicate the facts for the public interest subjectively. In this case, the term "public interest" includes not only the interests of the State, the society, and other general public, but also the interests of a specific social group or the entire members. Whether the alleged facts relate to the public interest or not shall be determined by considering all the circumstances such as the contents and nature of the facts, the scope of the party against which the publication of the facts was made, and the method of expression, and the major motive or motive of the actor who stated the facts.