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(영문) 수원지방법원 2015.06.11 2014고정1322
명예훼손
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. At around 20:00 on September 2, 2013, the Defendant, as the head of the above apartment management office of the Suwon-si apartment district, participated in the group of the head of the apartment team as the head of the apartment building, and thereby damaged the honor of the victim by openly pointing out the fact that “E did not construct the house of the F son and pay the construction cost of KRW 4.8 million to the victim E, who is the former president, the said representative, “E did not pay the construction cost of KRW 1.3 million, and paid the construction cost of KRW 1.8 million as the construction cost.”

B. The Defendant damaged the honor of the victim by pointing out false facts that “E received a camping cam with a view to not more than KRW 50,000,000,000,” among the representatives of Dong, such as D, and the occupants, at the same time and at the same place.

2. The assertion and judgment

A. The summary of the argument and the defense counsel asserts that the remarks written in the facts charged are all true and solely for the public interest as a whole, and thus, illegality is excluded pursuant to Article 310 of the Criminal Act.

B. 1) Determination of the facts charged is not punishable pursuant to Article 310 of the Criminal Act in a case where an act of damaging a person by openly pointing out a fact is true and solely for the public interest. The term “the time when the alleged facts relate to the public interest” refers to the public interest when objectively viewed, and an actor is also required to state, subjectively, such facts for the public interest. The matter pertaining to the public interest of such a person includes not only the matter pertaining to the public interest of the State, society, and other general public, but also to the interest and interest of a specific social group or its entire members, and whether the alleged facts relate to the public interest or not is indicated.

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