beta
Text
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 18, 2017, the Defendant came to know that the victim B, who was denied, was in a relationship with the East Staff C, and was divorced after consultation with the victim on July 5, 2017.
At around 09:00 on August 28, 2017, the Defendant: (a) found the “E-Medical Center” for the victim’s work in Gangwon-gun D; and (b) provided that “The family at which the victim who was a off-line and the staff C of the Medical Care Center had the winded was destroyed,” and the Secretary-General, stating that “The family at which the victim who was a off-line and the staff C of the Medical Care Center had the winded. It is not a problem that social workers reached this work; and (c) thereby, damaged the reputation of the victim by openly pointing out facts.”
Summary of Evidence
1. Partial statement of the defendant;
1. Statement B in the suspect examination protocol of the accused by the prosecution;
1. In light of the above, the Defendant and his defense counsel asserted that there is no performance in the instant crime, and the Defendant’s remarks are not unlawful since they are true facts and are related to the public interest. Therefore, the performance of defamation means the state in which many and unspecified persons can be recognized, and even if the facts are distributed to each person, if there is a possibility of spreading to an unspecified or many unspecified persons, the performance requirement is satisfied (see, e.g., Supreme Court Decision 2005Do2049, May 25, 2006). The relationship between the victim and the clinic (see, e.g., Supreme Court Decision 23 of the Investigation Records) recognized by the above evidence with the victim and the clinic (see, e., Supreme Court Decision 2005Do2049, May 25, 2006).
Even if the above two persons are likely to spread to many and unspecified persons, performance requirements are satisfied.
② Furthermore, Article 310 of the Criminal Act refers to a person who commits an act relating to the public interest when objectively viewed the alleged fact.