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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is that the defendant is the representative of occupants of the Seo-gu Busan Metropolitan City C Apartment, and the victim D is the representative of all occupants of the above apartment.
From August 10, 2012 to August 20, 2012, the Defendant posted an Internet article stating that “The president of the conference of the representatives of all occupants of the apartment complex installed CCTV and monphones, etc. with the long-term repair delay money and arbitrarily executed it without the consent of the representatives of occupants, and damaged the honor of the victim by openly pointing out facts.”
2. The act of damaging a person’s reputation by openly pointing out a fact may not be punished pursuant to Article 310 of the Criminal Act if it is true and solely for the public interest. The term “material fact” here means a fact that is consistent with objective facts in light of the overall purport of the content thereof, and even if the material part is different from truth or somewhat exaggerated expressions exist, the term “when it comes to the public interest” refers to the public interest when the alleged fact objectively concerns the objective fact, and the actor must also indicate the fact for the subjective public interest. This includes not only the public interest of the State, society, and other general public, but also a specific social group or its entire members’ interest and interest. Whether the alleged fact relates to the public interest or not, at the same time, shall be compared with the overall circumstances concerning the expression itself, such as the content and nature of the relevant alleged fact, the scope of the counter-party to which the publication of the relevant fact was made, and the method of expression itself, and shall be compared and compared to the degree of reputation that may be damaged or damaged by such expression.