Defendant

Defendant

Redboard (prosecutions) and fingers (public trial)

Attorney Sung-sung (Korean)

Seoul Central District Court Decision 2013 High Court Decision 2939 Decided June 24, 2014

The defendant's appeal is dismissed.

1. Summary of reasons for appeal by the defendant: mistake of facts and misapprehension of legal principles;

The free bulletin board of the Defendant’s taking part in the homepage of the Jeju-gun Office, in which the Defendant posted the instant text, has been used as a place for free expression and debate by visiting by many interested Gun residents. As a space for public interest discussions that contribute to the creation of a sound public opinion, i.e., the mistake and inf., and inf., the ability of the High-gun Office, and lead it to a fair military administration, thereby satisfying the people’s right to know, the Defendant raised reasonable doubts and suspicions on the military administration for the sake of the right to know, and for the development of the High-Gun Office, and for public interest.

2. Determination on the grounds for appeal

A. As to defamation part

(1) According to the evidence duly adopted and examined by the lower court, it is recognized that the Defendant published false information contrary to the facts confirmed by objective data, including whether the Defendant’s “whether the High Interest Group completed the feasibility study following the additional installation of High Interest Group,” the status of the integrity index and financial self-sufficiency level of Go Interest Group among the national local governments, statistics acceptance level, and whether the site for a nuclear power plant is determined,” etc., as stated in the instant article, on the free bulletin board for the participation of Go Interest Group’s website from March 1, 2010 to August 26, 201.

(2) Furthermore, in light of the fact that based on the data prior to the publication of this case, the Defendant repeatedly posted the instant text with a focus on the purpose of slandering the victim interest group and the Nonindicted Party, who is the head of Si/Gun, in view of the fact that: (a) whether it was completed a feasibility study following the additional installation of “the sensitive contents to the military” in the 2010 and 2011, and whether it was completed the feasibility study, which is the contents sensitive to the military citizens; and (b) the site for the instant nuclear power plant was already determined into the high interest group; and (c) the Defendant had been posted on the free bulletin board by using a decent expression about matters, etc.; (d) it is difficult to view that the Defendant repeatedly posted the instant text on the free bulletin board as “public interest.”

B. As to the insult

(1) Examining the contents of the Defendant’s writing as a whole, it is recognized that the Defendant expressed the “defensive intent” to the Nonindicted Party, as indicated in the attached list of crimes (2) of the lower judgment.

(2) The victim of the offense of insult includes not only a natural person, but also a “corporation” or “unincorporated organization.” Therefore, the victim of the offense of insult may be the victim of the instant insult.

On the other hand, while the victim was the head of a local government as the head of a local government at the time, the victim’s Nonindicted Party expressed an anti-defensive intent about the victim’s handling of local administration as the head of a high interest group. Thus, this would eventually result in the victim’s insult.

(3) The lower court did not err in determining that the offense of insult against the victim interest groups and the non-indicted victim was established.

C. Whether the illegality is denied

As the Defendant asserts, the “Free Bulletin Board” as the place for free expression and debate was used by many interested military residents to participate in the homepage of the Gosong-gun Office, in which the instant article was inserted. Even if a person has the function of a public debate which contributes to the misunderstanding, quality, and creation of a sound public opinion by inducing Gosong-gun Office to point out, definate, and create a fair and equitable society, it is not merely to raise a reasonable doubt and doubt about military administration for the sake of the right of citizens to know, or for the development of Gosong-gun, but rather to raise a reasonable doubt and doubt about military administration for the sake of the development of Gosong-gun Office’s right to know or for the sake of the development of Gosong-gun, if the writing posted on such bulletin board contains malicious or considerable attack, such as unfairly infringing on or slandering a specific person’s personal right, this goes beyond the scope of freedom of expression guaranteed by the Constitution, and thus, it is not permissible to be

However, the Defendant repeatedly posted malicious contents for the purpose of slandering the victims of high interest groups and the head of Go interest groups, beyond the level of reasonable doubt and suspicion as to the military administration of Go interest groups, on the basis of the above net functional elements of the free bulletin board, and thus, it cannot be deemed that such act of the Defendant is widely permitted in light of social norms, or that such act constitutes a ground for excluding illegality.

D. Sub-committee

The defendant's assertion of mistake and misapprehension of legal principles is rejected without merit.

3. Conclusion

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no reason to appeal.

Judge Voluntary Retirement (Presiding Judge)