beta
(영문) 서울동부지방법원 2016.06.29 2015고정2036

명예훼손

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On June 30, 2015, in the Songpa-gu Seoul apartment complex, the Defendant referred the victim under the title of the president of the resident representative, 11 directors of the resident representative conference, and the director of the apartment management office, and the title of “an application for carbon,” thereby undermining the honor of the victim by openly pointing out the fact that “the employees are uneasy by a person without personnel principles (D E).” The head of the E area was overfavourd in a tension method with authority under the pretext of having all powers, such as personnel rights, command, etc., and that the head of the E area was overfavoured, and that the superior and Mosing behavior members are more biased than North Korea F.”

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness G and each legal statement of witness E and D;

1. Application of Acts and subordinate statutes to information;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of fines;

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

1. The defendant and his defense counsel's assertion against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant and his defense counsel asserted that the contents of the above inducement are true facts and solely for the public interest, and thus, it does not constitute a crime under Article 310 of the Criminal Act.

Article 310 of the Criminal Code refers only to the public interest when the alleged facts are objectively viewed, 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, and whether the alleged facts relate to the public interest or not.