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(영문) 의정부지방법원 고양지원 2014.09.19 2014고정913
명예훼손
Text

The defendant shall be innocent.

Reasons

1. Around March 18, 2013, the summary of the facts charged stated that “The Defendant is subject to a summary order of a fine of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,

Accordingly, the defendant has damaged the honor of the victim D who was the 7th East representative of the above apartment by openly pointing out facts.

2. According to the arguments and the judgment of the defendant in this court, the police statement of D, the defendant's written complaint of the defendant, and the attached documents, the defendant distributed the documents of this case as stated in the facts charged. Since the fact that the defendant is ordered to take a summary order due to violence, insult, etc. is likely to infringe on social value or evaluation, the above act of the defendant constitutes the elements of defamation against D.

However, 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. The term “the time when a person’s reputation is true” refers to the public interest when objectively viewed the alleged fact, and an actor is also required to subjectively indicate the fact for the public interest. 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. Whether the alleged fact concerns the public interest is itself such as the content and nature of the alleged fact, the scope of the counter-party against which the relevant fact was published, the method of expression, etc.

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