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(영문) 서울서부지방법원 2016.04.08 2016고정5
명예훼손교사
Text

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

1. Summary of the facts charged

A. Defendant A is the Chairperson of the Incorporated Association E, the victim F is the former Chairperson of the said Incorporated Association, and the victim G is the former Secretary General.

Defendant

A calls from May 22, 2015 to 19:00, Defendant B called Defendant B, and called “F that embezzled the public funds of the E, and demands G to investigate the detention,” and around that time, Defendant B delivered the PP stating “F and G that “100,000 people are employed, and the prosecutor’s office embezzled money to good members, the prosecutor’s office is detained,” and let the Defendant B use the PPet stating the above contents, from May 22, 2015 to May 22, 2015, to 174 Seoul Western District Public Prosecutor’s Office (Seoul Western District Public Prosecutor’s Office).

Accordingly, Defendant A instigated Defendant B to impair the honor of Victim F and Victim G by openly pointing out facts.

B. Defendant B received KRW 200,000 per day from Defendant A as above, and as such, Defendant A conspiredd with Defendant A’s teachers from May 22, 2015 to May 19:00, Defendant B cited a ticket stating “F and G’s prosecutor who embezzled money to good members,” while there were many and unspecified persons in front of the Seoul Mapo-gu Seoul Western District Prosecutors’ Office from May 22, 2015 to May 19:0.

As a result, Defendant B damaged the reputation of the victim F and the victim G by openly pointing out facts.

2. A person who defames a person by openly pointing out a fact-finding shall be punished by imprisonment or imprisonment without prison labor for not more than two years or by a fine not exceeding five million won (Article 307(1) of the Criminal Act). However, if such an act is true and solely for the public interest, the person shall not be punished (Article 310 of the Criminal Act). The principal purpose of the actor who publicly stated the fact is the public.

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