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(영문) 광주지방법원 순천지원 2015.12.30 2015고정683
명예훼손
Text

The defendant shall be innocent.

Reasons

1. On January 28, 2015, the Defendant stated that “F, a reporter of the E Press, is in a male and female relationship with the G professor and H professor,” and opened to see his status by taking advantage of his status. G’s wife found at a university where G had worked in Gwangju, and it was difficult for G to obtain H and head loans. Moreover, if he knows that his work in Gwangju, he knows it without being aware of it, it would be known to the reporters.”

In fact, however, the victim G and the victim H are not between the very weak men and women, and there is no fact that G's denial and the above H are wn.

Accordingly, the defendant has damaged the honor of victims by openly pointing out false facts.

2. The judgment prosecutor is likely to spread even when the defendant made the above remarks to one F reporter. Thus, the defendant seems to have been prosecuted by deeming that the defendant publically damaged the victim's reputation.

Article 307(2) of the Criminal Act provides, “A person who defames a person by openly pointing out a false fact shall be punished by imprisonment for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won,” and even if a statement of fact is publicly known, an act performed in a state without public performance is not punishable.

In relation to the interpretation of performance, judicial precedents interpret that it is a situation in which many and unspecified persons can recognize it, and where it is possible to spread the fact to others even if the facts are stated to one person, the public performance is also judged.

However, the Korean language's prior explanation about the public performance provides that "It is clear to know about it in the world, it is reasonable to hold a decision," and it is also possible to excessively limit the freedom of expression to expand criminal punishment to private dialogue between individuals, and it is also possible to spread their private dialogue from the perspective of the criminals.

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