The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) around May 6, 2015, the Defendant: (b) installed a banner stating “D created by the Korean Shipbuilding Division in 1940,” a trademark “D,” which is the trademark of the victim C, on the 1055-former World Cup Stak-gu, Seojin-gu, Seoul; (c) around that time, the Defendant made a cartoon containing a cartoon containing “D created by the Korean Shipbuilding Division in 1940,” and included and distributed it in the newspapers E in the North Korean territory, thereby impairing the victim’s reputation by openly pointing out facts.

2. In order for an act of impairing a person’s reputation by openly pointing out facts to be dismissed and punished pursuant to Article 310 of the Criminal Act, the alleged facts are related to the public interest when objectively viewed the facts, and an actor also stated the facts for the public interest. Here, the term “public interest” refers not only to the interests of the State, society, and other general public, but also to a specific social group or the whole members thereof. Whether it pertains to the public interest or not shall be determined by considering the contents and nature of the alleged facts themselves, the scope of the party against whom the relevant facts were published, and the method of expression itself, and by comparing and considering the degree of infringement of reputation that may be damaged or damaged by the expression, and if the principal purpose of the actor expressing the facts is to promote the public interest, there exists an incidental purpose.

However, the application of Article 310 of the Criminal Act may not be excluded (see Supreme Court Decision 2008Do6342, Nov. 13, 2008). The following circumstances acknowledged by the Health Team and the evidence duly adopted and investigated by this court regarding the instant case, i.e., the term “D”, i.e., red ginseng and forgery in the early 1940s.