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(영문) 서울중앙지방법원 2019.01.16 2018고정427
명예훼손
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant, as a secretary in charge of the affairs related to C’s D, a member of the National Assembly of the Republic of Korea, was a member of the National Assembly, and was subject to the E Committee’s duty report from the 343th National Assembly (Extraordinary Session) No. 5 B held on June 30, 2016. As such, while preparing materials, he/she made inquiries to the effect that “G” reported from “F” on June 6, 2013, which was inappropriate at the time of reporting the article to the effect that he/she was commissioned to the victim H, a member of the National Assembly, and that he/she was willing to distribute it as news report materials.

However, in fact, on January 2012, 2012, the victim was four non-regular female members and the victim was forced to do so, and there was no sexual indecent act committed by the I press personnel committee on the ground of physical contact, such as a shot and forced sexual assault, and there was no content that the victim was subject to disciplinary action due to sexual indecent act even in the above "F" article.

On June 30, 2016, around 10:23, the Defendant: (a) prepared the news report materials stating that “The Defendant was commissioned as five members of H who had been subject to the disciplinary action against sexual indecent acts due to the fluoral and physical contact in Yeongdeungpo-gu Seoul, Seoul, to the E Committee on April 5, 2015; and (b) “H members were 4 non-regular female employees in January 2012 and fluorously fluoral and forced them to have a two months of suspension from office at the Personnel Committee on the ground of physical contact, such as a proposal,” and sent fluor M, who is in charge of the SNS of the C National Assembly members’ office, to 478 persons, such as the National Assembly members having access to the National Assembly, etc., by openly pointing out false facts.”

2. Determination

A. In order to establish defamation, it is necessary to publicly indicate specific facts sufficient to undermine a person’s social evaluation with intent to impair another person’s reputation as a subjective element.

Also, defamation is a crime.

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