The defendant shall be innocent.

1. The summary of the facts charged is the professor of C University, D also is the professor of the said University, and D around May, 2012, E, who is the professor of the said University, was called by a self-inspection committee and conducted an investigation.

On September 2012, the Defendant: (a) convened and investigated by the Investigation Committee at Cuniversity playgrounds located in F in Busan City around the end of September 2012; (b) and (c) subsequently received and investigated a written summary report of the Investigation Committee stating the suspicions of D’s essay writing instructions; and (c) the suspicions of exercising pressures for accepting false papers (hereinafter “the summary report of this case”) to G, a student of the said university, thereby openly impairing D’s reputation.

2. Determination:

A. If an act that defames a person by openly pointing out a fact is true and solely for the public interest, it may not be punished pursuant to Article 310 of the Criminal Act.

In such a case, “the time when a publicly alleged fact is related to the public interest” refers to the publicly interest when objectively viewed, and an actor should also indicate the fact for the public interest subjectively. In such a case, 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 the entire members thereof. Whether the publicly alleged fact concerns the public interest or not should be determined by comparing the degree of infringement of honor, which may be damaged or damaged by the expression, with the consideration of the overall circumstances as to the expression itself, such as the content and nature of the publicly alleged fact, the scope of the other party to whom the relevant fact was published, and the method of expression, etc.

On the other hand, if the principal motive or purpose of the actor is for the benefit of the public, other private interest purposes or motives are added.