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(영문) 춘천지방법원 원주지원 2018.11.15 2017고정336
명예훼손
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. On January 6, 2017, the Defendant: (a) calls from B to C on a closed spot of not more than B on January 6, 2017; and (b) was punished by a fine of KRW 15 million by the victim E, who is the president of the D Union, committed a four-party crime, such as fraud, embezzlement, and bribe grant; and (c) thereby, was elected by going to an election even though there is no eligibility to be elected as the president of the D Association.

“.....”

On the other hand, at the time of the commencement of the election for the head of the association, the victim was sentenced to a fine of KRW 15 million due to fraud, etc., but it was accepted by the victim's resignation according to the Rules on the Compensation of Disciplinary Action against the Association, and was going out to the election for the head of the association without any problem after being qualified as the F Election Commission.

As a result, the Defendant publicly identified the facts and, at the same time, damaged the reputation of the victim by pointing out false facts.

2. The defendant made a statement to the effect that "the victim E, the president of a D union, was punished by a fine of 15 million won for committing four crimes, such as fraud, embezzlement, and bribe offering (hereinafter "the first speech") and that "the victim was elected by going through an election despite the absence of the eligibility to make an election for the president of the D union" (hereinafter "the second speech") is acknowledged. However, as arranged in this court, the second speech does not constitute false facts, and the first speech constitutes a true fact and solely for the public interest, and thus the illegality is denied.

A. In order to establish a crime of violation of Article 307(2) of the Criminal Act as to whether the second statement constitutes a crime of defamation by a false statement of fact, the criminal must publicly indicate the fact, and the time of the statement should be a decrease in the people's social evaluation, which should have been falsely known by the criminal. It should be determined whether the statement is false or not.

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