명예훼손
The defendant shall be innocent.
1. On June 30, 2017, the summary of the facts charged in the instant case, the Defendant, entering the 2nd floor office located in Gangdong-gu Seoul Metropolitan Government, thereby damaging the victim’s reputation by publicly alleging that “The victim’s reputation by publicly alleging that “the victim’s reputation should be damaged by having governance kis, brode, removal business entity with a growing of 50 million won.”
2. The assertion and judgment
A. The Defendant’s words alleged are true, even if they are false, and even if they are false, the Defendant recognized them as true, and the Defendant’s act was said as above for the public interest. Therefore, the illegality of the Defendant’s act is dismissed in accordance with Article 310 of
B. 1) First, we examine whether the facts alleged by the Defendant were false or not, and whether the Defendant was aware that the facts were false or false.
A) In order to establish the crime of defamation by a statement of false facts as provided by Article 307(2) of the Criminal Act, the criminal must publicly indicate the fact, and the fact must be undermined the social evaluation of the people, and should have been falsely recognized as false (see Supreme Court Decision 88Do1008, Sept. 27, 198). In addition, the fact that the statement does not conform with the objective truth and is false, and the defendant knew that the statement was false and confirmed that it was false (see Supreme Court Decision 200912132, Nov. 25, 2010). In a case where determining whether the statement was false for the purpose of applying Article 307(2) of the Criminal Act, the prosecutor must prove all the fact that the statement was made by the defendant while recognizing that it was false (see Supreme Court Decision 2009Do12132, Nov. 25, 2010).