The defendant shall be innocent.

1. The Defendant is a member of the Ciplomatic Association.

On March 25, 2013, at around 19:00, eight persons, such as the Korea Egymnasium in the Egymnasium in D, such as the Korea Egymnasium G, for the recommendation of candidates for the vice president of the Egymnasium, “H pastors are not qualified for the president of the Egymnasium, he is not qualified for the president of the Egymnasium, he has a lot of desire to first be known in the order of executive officers, and is insufficient to the law as the president,” and the victim’s hymnasium was damaged the reputation by stating the fact that there is no legal defect in becoming the candidates for the vice president of the Egymnasium or there is no qualification.

2. Determination

A. In order to establish the crime of defamation by a publicly alleging false facts under Article 307(2) of the Criminal Act, the Defendant must publicly indicate a fact, and the publicly alleged fact has adversely affected people’s social evaluation, and the Defendant should have recognized such false fact as false (see, e.g., Supreme Court Decision 9Do3213, Oct. 22, 199). In determining whether a publicly alleged fact is a false fact, if the important part of the publicly alleged fact is consistent with objective facts in light of the overall purport of the publicly alleged fact, there is a little difference from the truth or somewhat exaggerated expression in detail.

Even if it cannot be viewed as false facts (see Supreme Court Decision 99Do3213, Oct. 22, 199). In order to apply Article 307(2) of the Criminal Act to the Defendant’s expressive act included in the facts charged in the instant case, the content of the expression is a statement of fact that is not a simple expression of opinion, but a statement of fact that is false, and the Defendant perceived that the statement is false, and many people perceived the content of the expression.