[1] The case holding that the defendants, who participated in the production and broadcast process of a broadcast informing the risk of Mad Cow Disease of U.S. imported beef, injured the reputation of the victims who are public officials by openly pointing out false facts by openly pointing out false facts through the representation of the negotiation group in the Republic of Korea, the qualification of the competent authorities, and the attitude of performing official duties of the representatives of the negotiation group in the second Korea-U.S. Technical Consultation for Import of U.S. Beef ("Korea-U. Beef Import Negotiations"), through a specific program of the

[2] The case holding that the defendants who participated in the production and broadcasting process of a broadcast of the risk of Mad Cow Disease in U.S. beef imported from U.S. were not guilty as to the facts of interference with the business of importers and sellers of U.S. beef by spreading false facts through broadcasting of false facts about the safety of U.S. beef through a specific program

[1] With respect to the facts charged that Defendants, who participated in the production and broadcast of the broadcast of the U.S. beef imported in the process of informing the risk of Mad Cow Disease, criticized the victims of the scientific research and opinions from domestic and foreign experts at the time of the broadcast, and the Defendants’ criticism of government policies such as the so-called “Negotiation on Import of U.S. Beef” through the broadcast program constitutes an important freedom of speech, which is the freedom of speech, and the freedom of press reports, and public officials by openly pointing out false facts, the case held that the Defendants could not be deemed as harming the victims’ reputation by publicly pointing out false facts, and that there were considerable and reasonable reasons for the Defendants’ failure to report, as to the safety of U.S. beef, in particular, risks of Mad Cow Disease, and issues in the process of negotiations on import of beef imported from U.S. beef as a public official, and thus, the Defendants’ act of criticism of government policies such as the so-called “Korea-U.S. beef negotiation” by the victims through the broadcast report constitutes a social reputation or impairment of the victims.

[2] The case holding that the defendants, who participated in the production and broadcast process of the broadcast of the U.S. beef imported from U.S. are highly dangerous foods for the U.S. beef through a specific program of the U.S. broadcast company, and Korean people are very weakly vulnerable to the U.S. beef, thereby causing property damage to the victims who have imported and sold U.S. beef, thereby spreading false facts and obstructing the victims' import and sale of U.S. beef, the above broadcast cannot be deemed to constitute an "use of false facts," on the grounds that the key contents of the report are not consistent with objective facts, and therefore it cannot be deemed that the defendants criticize the safety of U.S. beef and the issue of the negotiation of the import of beef from U.S. beef through the broadcast, and it is difficult to view that the defendants were not guilty on the ground that there was "the intention" to obstruct the victims' business of importing and selling U.S. beef. beef.

[1] Article 307(2) of the Criminal Act, Article 21 of the Constitution, Article 325 of the Criminal Procedure Act / [2] Article 314(1) of the Criminal Act, Article 325 of the Criminal Procedure Act

[1] Supreme Court Decision 99Do4757 delivered on February 25, 200 (Gong2000Sang, 906) Supreme Court Decision 2000Da37524, 37531 Delivered on January 22, 2002 (Gong2002Sang, 522) Supreme Court Decision 2004Do207 Delivered on April 14, 2006, Supreme Court Decision 2008Do1421 Delivered on June 12, 2008 / [2] Supreme Court Decision 2006Do7915 Delivered on November 13, 2008 / [2] Supreme Court Decision 93Do1278 delivered on January 28, 194 (Gong194, 862 delivered on January 27, 2008)

Cho Man-hee et al.

Freeboard 3 others

Law Firm Shin, Attorneys Kim-type et al.

Defendants are not guilty.

The summary of the judgment of innocence shall be published against the Defendants.

I. Facts charged

1. A summary of the MBC’s “PD pocket book” broadcasting

On April 29, 2008, the Cultural Broadcasting Co., Ltd. (hereinafter referred to as “MBC”) (hereinafter referred to as “MBC”) broadcast from around 23:00 to 24:00, to make it possible to view an unspecified number of people by providing a broadcast of the title “PD pocket book” (hereinafter referred to as “instant broadcast”).

2. Roles of the Defendant, etc. in the course of producing and broadcasting the instant broadcasts

Defendant Cho Jong-hee, as a responsible producer, directed and supervised the overall production of the instant broadcast, such as planning, coverage, editing, and holding. Defendant Song-hee, as the director general of the MBC current culture bureau and the director general of the headquarters of the instant broadcast, approved the proposal as the executor of the instant broadcast, and directly explained the contents covered by the instant broadcast by participating in planning, coverage, and editing as a producer, and by contributing to the instant broadcast, he directly explained the contents covered by the broadcast. Defendant Cho Jong-k, as a producer, was participating in coverage and editing, as a producer, and contributed to the instant broadcast. Defendant Kim Jong-hee, as a producer, participated in the planning and editing of the instant broadcast, and prepared a draft for editing and scripts.

3. Defamation by publicly alleging false facts.

A. Summary

The Defendants, in collusion with E.I.D. E., an assistant artist, had caused damage to the honor of the victims by failing to perform their official duties by openly pointing out false facts as described in paragraphs (1) through (3) of the following B, which are the Minister of Food, Agriculture, Forestry and Fisheries, and the Minister of Food, Agriculture, Forestry and Fisheries for the Ministry of Agriculture, Forestry and the Ministry for Food, Agriculture, Forestry and Fisheries for the import of U.S. Beef from April 11, 2008 to April 18, 2008 (hereinafter “the second Specialized Technical Consultation on the Import of U.S. Beef”), which was held between the Republic of Korea and the United States through the instant broadcast broadcasted from around 23:00 on April 29, 2008 to 24:00.

(b) Facts publicly known;

(1) Through the instant broadcast, the Defendants stated two facts directly connected to the safety of U.S. beef, the subject matter of the negotiations on import of Korea-U.S. beef, which is the representative of the negotiating group or the competent minister of the negotiating department, and in particular to the risk of Mad Cow Disease. The content of the broadcast is that “(i) the U.S. beef, which has been affected or is highly likely to have been affected by Mad Cow Disease due to the problem in the U.S. slaughter system for cattle slaughter in the U.S., has been illegally slaughtered and distributed throughout the U.S., such as the supply of the Mad Cow Disease as school meal material after many illegally slaughtered. ② The U.S. women of Mad Co., Ltd. died of Mad Cow Disease and died of Mad Cow Disease (VCD) or only passed a diagnosis of human Mad Cow Disease.”

(1) Specific broadcast content relating to paragraph (1),

○ At a slaughterhouse in the U.S., along with a screen image of a shotmer, containing the shock of the electric shock machine and the face to be put up by causing the shock of the air shock machine and the water-to-sponsor, and “The U.S. has prevented the slaughter of any cattle that shows symptoms to be sprinked after the first luminous disease occurred in 2003. However, now, even if a spacker spacks do not go through the first inspection, slaughter is possible if the spacks are spacked after passing the first inspection. These cattle passed through the inspection.”

The contents of an interview with the Maclata of Macsoon, who produced the above video, stating that “any person, even if he had been slaughtered, is not able to think that the lawsuit has been slaughtered.”

○ On April 16, 2008, in the course of broadcasting the funeral ceremony of the U.S. Women’s Republic of America, Ar. S. A. S. A. S. A. S. A. S. A. S. R. S. S. S. S. S. S. S. S. S.W., “I.S. W. S.W. L. S. S.W. L.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S

○ 미국 소비자연맹 수석연구원 마이클 핸슨이 “(미국산) 쇠고기를 먹는 사람들은 실험동물과 같다는 겁니다. 그저 미국에서 문제가 생기지 않기를 바랄 뿐이죠. 한국이 미국산 쇠고기를 수입하기로 결정한다면 한국인들 역시 같은 위험을 공유하게 되는 것입니다.”라고 인터뷰한 내용

○ With the background of the caption “Is U.S. Co., Ltd. to drink Mad Co., Ltd. to drink Mad Co., Ltd.”, the content that “Is U.S. to be slaughtered prior to the slaughter of Mad Co., Ltd., Mad Co., Ltd.?? Mad Co., Ltd., Mad Co., Ltd., Mad Co., Ltd., Mad Co., Ltd.???”

○ The contents of the interview with the above Macle 1, which read that the above Macle 1, which abused the above Macle 1, was read as follows: “I amba Dol Dol Dol Dol Dol Dol Dol Dol Dol Dol Dol Dol Dol Dol Dol' Dol Dol Dol' Dol Dol Dol Dol Dol Dol

○ The content that the above Macle Acro continues to read “ how the best enterprise is in this shape and in other places? Whether or not this situation occurs in other slaughters? I have the view to posing the big hole in the quarantine system.”

○ “After the video was disclosed, a call measure of a maximum historical size was issued in the discharge from active service. This is because, “The beef 143 million won from this slaughterhouse was revealed to have been used as a meal material for a school with approximately 65,00 tons of approximately 36 weeks per share.”

○ cite CNN Broadcasting dated March 12, 2008, containing the contents of the examination “Does the cattle have been slaughtered in an unlawful way? - 4, this shall not apply,” at an open hearing against the slaughter company at issue (waland-Momark company).

As a result of the audit of at least 18 slaughterhouses in the United States, ○○ was found to have violated the direction at a four point more than 20%. One of them was the temporary suspension of business.”

(2) Specific broadcast content relating to paragraph (2),

○ As indicated in the foregoing paragraph 1, as indicated in the foregoing paragraph, broadcasting the funeral hall of Ambsson held by U.S. women Ambsson in U.S. on Apr. 16, 2008, “I have left a large impact on not only the deceased family but also on neighbors. Moreover, it would be a shock against us in the remote land. Women have received a diagnosis of suspicion of human mining-related diseases before their death.”

○ The content of the interviewed “I think it is necessary to see that the mother of Ro Ra Ra Ra Ra Ra Ra Ra Ra Ra Ra Ra Ra Ra Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad

○ As indicated in the foregoing paragraph 1, the content that Defendant Song-il refers to the purport that “Isle Masle Masle Masle Masle Masle Masle Masle Masle Masle Masle Masle??

○ On April 8, 2008, 2008, the portion of the broadcast “AVY TV, according to its will, I am crofeld, ECJD, and I am crofeld, so that I am sard by brain disease, and I am sard by brain disease. I am sard by this part of the broadcast “I am am erofic disease. I am dard by human form.”

○ The content of the interview which read “I have not been able to understand that his father and son in fact can walk on a human form of luminous disease, and so I have too shocked.”

○ “Before the second week, Amick was prepared for a graduate school school which entered the same year. However, it was difficult for Amicker to go and walk in front of his snow.”

○ Along with the content that “Arhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyhyn

○ The health authority’s report data of the title vCJD Death Investigation> to the health authority’s health authority in the screen, and the health authority made a report to the public health authority’s effect that “I expressed that I are in the process of an investigation to clarify whether I’s disease is a human form of luminous disease through the report data,” and then there is no separate plan due to the fact that “I’t come to the conclusion of gold (in the form of a human form of opical disease),” and that “I’t speak to the people related to the health authority’s statement that “I will not

After the introduction of "I amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba amba am."

○ “A human luminous disease occurs to a food person who suffers from a luminous disease, and the duration of existence is known to be within one year from average. In the early infection, there is a problem with visual and memory and is gradually aggravated, and it is a disease with 100% of the death or injury that is gradually aggravated.”

○ Roy Linson’s interview, etc., “I cannot know how I had been affected by Ambane’s human form of light disease. Isn’t we see only in Arbane, and there is no bane in a foreign country. Even if I do not travel to the U.S. Central and Seobane’s Republic of Korea, which has raised a lot of lawsuits.”

(2) Through the instant broadcast, the Defendants stated that “Notwithstanding the fact that U.S. beef was affected or highly likely to have been affected by Mad Cow Disease due to the problems in the U.S. slaughter System, the representatives of the negotiations on importation of Korea-U.S. Beef or the victims, who are the competent authorities in the negotiations, concluded negotiations with the U.S. beef to import U.S. beef with the knowledge of the risk of Mad Cow Disease or with the knowledge of the risk, as they did not regard the U.S. beef slaughter system.”

Specific broadcast content related to this,

○ Heading to cause the shock of human parts in a slaughterhouse in the United States of America and to cause the shock of electric shockers and physical prisoners of war.

○ The content of the interview with the victim’s Madles, “Isson who died before the start of the negotiations, had any impact on the negotiations,” and the victim’s Madles, “Although it is not certain that only one case and simply died as a human Madles, it is difficult to conclude that this would have caused structural problems in the United States.”

○ “The cattle raised in the United States shall be slaughtered in and out of 100 million mari and 40 million mari annually. However, the cattle shall not exceed 0.05 % of the cattle inspected among them.”

The investigator of the Ministry of Agriculture and Forestry has inspected twice a day of 200 Dob-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-beb-bed-beb-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-bed-

○ The Defendant SaB stated, “I would like to be raised that I would like to conceal and reduce the risk rather than because I would like to know the U.S. situation or to know that I would like to know the U.S. situation. I would like to see whether I would like to know the fact that I would like to know this situation. I would like to see whether I would like to see the U.S. slaughter system. I would like to say that I would like to say that I would like to say that I would like to see the actual situation of our government. I would like to say that I would like to see the U.S. slaughter system.”

○ The defendant Lee Jong-tae asked questions that “When there was an opinion on the contents of this negotiation, whether there was such a small number of gatherings?” The President of the Korean Association of Mahyeong-Gyeong (the President of the Korean Association) answer to the question “I do not remain there,” and again, the question that the defendant Lee Jong-Gyeong asked “I will no livestock disease control council before this beef negotiation?” is defective, and the interview answer that “I will no time see, e.g., s., s., s.n., s., s.n., s.n., s., s.n., s.n. to this provision?”

Before the night flood, the Minister of Agriculture and Forestry has an animal disease control council consisting of professors and experts at the Animal Disease Control Council at the time of resumption of negotiations. There is a interview with the following: (a) the Minister of Agriculture and Forestry: “I want to confirm it; and (b) I need to review the issue; (c) if I omitted such a matter, I would like to unsatisfy the criticism, which is commonly used for the clithm.”

(3) The Defendants, via the instant broadcast, stated that “When Korean people take in beef from Mad Cow Disease because it is very weak to Mad Cow Disease, the probability of human Mad Cow Disease 94% is about 94%,” the victims entered into negotiations at a stroke speed as stated in the foregoing paragraph (2) and, as a result, the victims entered into such negotiations at a stroke speed with U.S. beef with high risk of Mad Cow Disease for less than 30 months, the specific hazardous materials (SSM) which are materials causing Mad Cow Disease 5 U.S. beef with high risk of Mad Cow Disease and are imported and very vulnerable to Mad Cow Disease.” The victims expressed the fact that the victims are prone to the history of human Mad Cow Disease as Mad Cow Disease.

Specific broadcast content related to this,

○ In the first place of broadcasting, the content stated in the first place that “the people belonging to the attitude of the government authority that has accepted and controlled the violence of the Chinese Demonstration Team are the same as those of the people who are belonging to the attitude of the government authority that has accepted and controlled the violence of the Chinese Demonstration Team. I think that one of the important matters to be the State protects the people, it cannot be said that the attitude of the recent government authority is sme about. However, it would be so serious that it would be difficult to compare it with the violence of the Chinese Demonstration Team.”

○ “The age limit of 30 months for which there is concern over the outcome of negotiations is abolished. It is because the number of months is high, and the risk of luminous disease is high,” and “the second is likely to cause luminous disease and cause the inflow of dangerous substances that can be infected to humans. If the brain of a cattle affected by luminous disease is examined, it is likely to be drilling, such as spunch. The causes of this cause are modified. In particular, the parts of cattle which are concentrated on high concentration in spunch. There are seven specific dangerous substances in all (in spun, brain, eye, hair, spune, spune, spunch, spune, spunch, and spunched spunched spunch). However, in the future, there is no way to remove it by up to five (5) months.”

Defendant 1 asked, “I am more vulnerable to Mad Cow Disease than the English or American Mad Cow Disease? There is such a result of this study? I see that I would like to know that I would like to be entirely vulnerable to 129th gene type out of Mad Cow Disease. The 129th gene type among Mad Cow Disease is 3 in total. Among this, I am Mad Cow, I am 94.3% of the Korean Mad Cow Disease is Mad Cow?” In other words, I am 94% of the Korean Mad Cow, Ltd., if you take beef from Mad Cow Disease?, I am 14% of the Korean Mad Cow Disease? It seems that there is a high possibility that human Mad Cow Disease will occur to 94% of the Korean Mad Cow disease? The Korean Mad Cow, Ltd., 50% of the U. S. Mad Cow.

○ 피고인 송일준이 “이런 상황인데 따지고 또 따지고, 신중에 신중을 기해도 모자랄 판인데, 어떻게 해서 이번에 미국 쇠고기 수입에 이런 협상 결과가 나왔는지, 또 그 사이에 어떻게 국민들이 까맣게 잘 모르고 있었는지요?”라고 말하자, 피고인 이춘근이 “너무 급작스럽게 협상을 한 것이 문제입니다. 1주일 만에 모든 과정이 끝났고, 이제는 미국산 쇠고기가 들어오는 일만 남아 있습니다. 우리 국민의 건강과 생명에 정말 중요한 문제인데 누구도 이 문제에 대해 의견을 말할 기회를 갖지는 못했습니다.”라고 말하는 내용

The contents of an interview to the effect that, as indicated in the above paragraph (2) above, the Minister of Agriculture and Forestry “in the event of the resumption of negotiations, the Minister of Agriculture and Forestry would have raised a matter to the Animal Disease Control Council and undergo a review. If the said matter was omitted, it is hard to avoid such criticism, which would often be used for the thmthm.”

○ The content that “Isn't say that Isn't have to say, “Isn't have to drink a lot of 7960s because the problem of U.S. beef is directly connected to our lives beyond our food, so Isn't have to drink.” This article also read as “Isn't have to say that Is't have to say, “Isn't have to say that Is't have to drink a 7960s. Is't have to say that Is't have to say, “Is't

The content, etc. that ○○ Defendant Song Jong-il means that “I do not have a future for the people who do not know in the history of the calendar, and we need to think once I think that I do not see whether we are able to bring about the history of the people who are in particular responsible for the state as they are pro-Japanese in the past.”

(c)The essential part of the timely fact is false;

(1) The part stating that “All seated cattle have occurred or is highly likely to have occurred due to a luminous disease”

(A) Purpose facts

○ Generally, the reason why the action was brought is as follows: (a) there are various causes, other than Mad Cow Disease, such as the alley, upper state, external disorder, and decline caused by disease; and (b) the reason why the action took place most of the Mad Cow Disease, including Mad Cow Disease. In fact, in the U.S., most of the Mad Cow Disease tests were conducted against approximately 970,000 Mad Cow Disease, such as Mad Cow Disease, Accident, and Accident, which showed symptoms showing symptoms over a hundred and seventy years; (c) but no one Mad Cow Disease was found in the action taken after August 197, 197 against Mad Cow Disease. (d) In Korea, most of the Mad Cow Disease was found to have been subject to the Mad Cow Disease, such as Mad Cow, Accident, Accident, etc.

○ Also, since August 1997, the U.S. was born after the ban on animal feed, and there is little possibility that the U.S. was affected by luminous disease in light of the results of the examination of luminous disease.

(B) Sub-decisions

○ Accordingly, it is false that there is a high possibility that cattle that has been infected or is highly likely to have been affected by a luminous disease that occurs in the instant video.

The Defendants used the following distorted methods in expressing such false facts:

- The U.S. broadcasted an anti-competation screen that shows diversity fluent shots, which do not directly relate to the luminous branch, that “The U.S. has prevented slaughter of all cattle, which shows symptoms of the first 2003 luminous disease, after the outbreak of the first luminous disease,” and immediately following the connection of the divers and luminous disease, the Marithm, which is the relationship between the Marithi Sick and the Marithi, the Marithi, “I cannot think that most mils were slaughtered,” but in the broadcast, the broadcast read “Iseth sives” by means of a translation of the phrase “Iseth, even if most mas were slaughtered, it would be difficult to think that these actions were slaughtered.”

- Following the display of the video as above, the background caption, “Is the lusor of Mad Cow Disease to drink Mad Cow Disease?” appeared, and the Defendant’s Mad Cow Disease directly speaked as “Is the Mad Cow Disease, Mad Cow Disease,” and concluded that the Mad Cow Disease was the Mad Cow Disease.

- A broadcast in an interview where, after reciting the above video, Malcle Malcle Malcle 1, omitted the part of “under suspicion of animal abuse,” and instead arbitrarily inserting “din (be slaughtered due to having caused a Malovas Disease Sup) by suppressing it,” instead, arbitrarily inserting the part of “under suspicion of animal abuse,” and then arbitrarily inserting it to the person in charge of the field, who distort it into “hy (be slaughtered by having caused a Malovas Disease Sup) and Malcle 1,” thereby making it highly probable that Malcle 1 was affected by a Malcle 1.

(2) The part stating that “Irereceinson’s death is highly likely to result from a human mining-related disease because he/she died or was diagnosed solely before his/her death due to a human mining-related disease (vCJD)”

(A) Purpose facts

○ On June 12, 2008, the U.S. Disease Control Center issued a final announcement that the private person of Arasson is not a human optical cy-free disease;

○ At the time of broadcast, the private person of Arasson was not revealed, and the result of the autopsy was the condition that the private person could have been informed of the correct cause.

- The doctor in charge did not externally mention any content, including a doubtful diagnosis, of the results of the MRI and of the private person due to concerns over the infringement of the privacy of Arasson;

- The Health Authority has announced, through official news report data, that the results of additional investigations and autopsy should be clear that accurate individuals can be identified;

- In the U.S. press, Lesson suffered death due to CJD (CJD), human form-feld disease (vCJD), lack of cerebral acids, etc., but it was reported that the result of additional investigation or autopsy should be confirmed that the accurate cause of death should be known;

- The mother of Arason’s RI results in an interview with the U.S. press and Defendant Kim Slova on the basis of its contents, etc. from doctors, with CJD diagnosis of CJD for a private person, and with CJD for a human formeutane (vCJD) and other diseases. However, the mother of Arason was also in a situation where it was impossible to accurately know until the result of the autopsy.

(B) Sub-decisions

Therefore, it is false that “Isle death is highly likely because Isleinson died of human form of Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Ma

○ The Defendants used the following distorted methods in expressing the above false facts:

- By processing the interview content of Linson, the content of the report data by the health authorities of Linson, and the content of the U.S. TV broadcast respectively distorted as follows, it concluded that Linson died of a human form of light disease;

A person shall be appointed.

- In addition, in addition to human luminous disease (vCJD), there was no difference in the case of any person suspected of committing any other reasons such as CJD or aftermatha from the operation of the CJD, and any other reasons;

In Sarson’s interview, “CJD” was arbitrarily changed to “vCJD (human form of e.g., e., human form of e.g., Aarson’s e.g., “Aarbane’s e.g., human form of e.g., post-human form of e.g., Aarson’s e.,” and then distorted the caption “Aar e.g., vCJD (human form of e.g., post-human form of

Even though the public health authorities-related persons said to read, “It is unnecessary to establish a separate plan because it does not lead to the conclusion of the gold,” on the face of the bruth photo taken from the brush, it then distortedly distortedly read, “It is unnecessary to establish a separate plan because it does not lead to the conclusion of the brue disease).”

With a report made by a doctor without a specific basis that he had a diagnosis of a human form of depression to Arasson, it is very highly likely that Arasson might die as a human form of depression because Arasson only received a diagnosis of a human form of depression solely before his death.

(3) The part stating that "the injured party did not regard the U.S. cattle slaughter system as the actual condition, and thus entered into negotiations with a view to importing U.S. beef with the knowledge of, or with the knowledge of, the risk of, the U.S. beef"

(A) Purpose facts

○ On May 25, 2007, the U.S. government demanded the revision of the import sanitary requirements of U.S. beef from 10 U.S. on the basis of the acquisition of the status of 1 U.S. government from the International Office of IMO (OE). Accordingly, on May 31, 2007, the Korean government started import risk analysis, including the assessment of risk of luminous disease of U.S. beef, and opened an inspection of the import risk analysis on the U.S. beef, on May 31, 2007, issued 10 U.S. government and 20.1 U.S. S. S. beef quarantine inspection system for 10 U.S. government and 17 U.S. S. S. government's response to the 201 U.S. sanitary inspection system from 10.6.30 to 207 U.S. government's response to the 19.7 U.S. beef quarantine inspection system.

○ Also, since the risk of Mad Cow Disease of U.S. Beef itself was made by distortions as stated in paragraphs (1) and (2) above, there is no room for victims to conceal or reduce such risk.

(B) Sub-decisions

Therefore, the part that “the injured party did not regard the U.S. cattle slaughter system as the actual condition, and concluded negotiations with the U.S. beef import with the knowledge of the risk or with the knowledge of the risk,” is false.

(4) The part stating that “the probability of human form of Mad Cow Disease is 94% if Korean nationals take in beef infected by Mad Cow Disease”

(A) Purpose facts

○○ Human Mad Cow Disease is a combination of the following factors: (a) the outbreak of a human Mad Cow Disease involves a variety of genes; (b) the possibility of contact with the specific risk of a cattle (SSM), the quantity of intake, the duration and frequency of intake; (c) the experience of the outbreak of regional Mad Cow Disease; (d) the risk of the outbreak of human Mad Cow Disease; and (e) the risk of the outbreak of human Mad Cow Disease is increased or lower; and (e) the likelihood of the outbreak of human Mad Cow Disease cannot be determined on the sole basis of a single gene. In other words, even if approximately 94% of Korean Mad Co., Ltd. takes the Mad Cow Disease, the probability of the outbreak of human Mad Cow Disease cannot be deemed to be the 94% probability of the outbreak of human Mad Cow Disease when taking in the Mad Cow Disease, even though 94% of Korean Mad Cow Disease.

(B) Sub-decisions

Therefore, it is false that “the probability of human form of Mad Cow Disease when Korean people take in beef infected with Mad Cow Disease shall be 94%.”

(5) The part stating that “for beef less than 30 months old as a result of this negotiation, only 5 parts of specific dangerous substances (SSM) shall be imported.”

(A) Purpose facts

○ According to Article 1(9) of the Import Sanitary Requirements for U.S. Beef and Beef Products, which was concluded by the negotiations on importation of U.S. Beef, there are only two specific risk materials (SSM) for beef less than 30 months old, such as letter, flag abandonment, etc., and two parts are all removed, and there is no specific risk materials (SSM) imported in the case of beef less than 30 months old.

(B) Sub-decisions

Therefore, the fact that “in the case of beef less than 30 months old as a result of this negotiation, only 5 parts of certain dangerous substances (SM) shall be imported” is false.

4. Interference with business by spreading false information;

Through the instant broadcast, the Defendants: (a) were slaughtered and distributed in the U.S. through multiple slaughters that have caused, or are highly likely to cause, Mad Cow Disease in the U.S. due to the problem in the U.S. cattle slaughter system; (b) there is a high risk of death of Mad Cow Disease due to the diagnosis of human Mad Cow Disease only before death; (c) U.S. beef is a very dangerous food for risk of Mad Cow Disease; and (d) when Korean people take beef infected with Mad Cow Disease entirely because of very extremely weak Mad Cow Disease, Korea would have a approximately 94% probability of Mad Cow Disease; and (d) concluded an agreement on beef negotiation and sale of Mad Cow Disease in the U.S., Ltd., to the effect that the contract concluded between Mad Cow Disease and Mad Cow, Ltd., which caused damage to the U.S.’s property, 30 months or less of Mad Cow Disease.

Accordingly, the Defendants conspired with E.I.D. to spread false facts, thereby hindering seven U.S. beef import and sale business, such as victim 1.

Ⅱ Determination as to defamation by publicly alleging false facts

In order to be held liable for defamation by a statement of false facts under Article 307(2) of the Criminal Act against the Defendants, it shall be proved to the extent that there is no reasonable doubt for deliberation by the judge that the statement did not conform to the objective truth and that the statement was false and that the statement was false. In this case, in determining whether the statement was false or not, if the material part is consistent with the objective fact by examining the overall purport of the statement, it cannot be viewed as a false fact even if there is a little difference from the truth or somewhat exaggerated expression in the detailed statement (see Supreme Court Decisions 2008Do1421, Jun. 12, 2008; 2004Do207, Apr. 14, 2006, etc.).

In addition, whether the contents of a press report contain any content that impairs a specific person’s reputation shall be determined on the basis of the overall impression that the report provides to the readers, comprehensively taking into account, under the premise that the general method of a press report abutting on the overall purport of the content of the report, the objective contents of the report, the ordinary meaning of words used, and the connection method of phrases (see Supreme Court Decision 2000Da37524, Jan. 22, 2002).

1. The portion of reports related to multi-packers

A. This part of the facts charged

The reason why the lawsuit was brought down is that there are various causes, such as Mad Cow Disease, Mad Cow Disease, Ambassador disorder, disease, etc., in addition to Mad Cow Disease, and the Mad Cow Disease appeared in the Mad Cow Disease video of this case after August 197, the U.S. was born since the U.S. taking measures to prohibit animal feed. However, after taking measures to prohibit animal feed, the Mad Cow Disease appeared in the above Mad Cow Disease had not yet been discovered in the case where the Mad Cow Disease was born in the above Mad Cow Disease, on the ground that there was no possibility that the Mad Cow Disease occurred in the above Mad Cow Disease, it is false that the Defendants reported that the Mad Cower appearing in the above Mad Cow Disease was caused by Mad Cow Disease."

B. The meaning of this part of the report

(1) Content of the report

According to the records, the following facts are recognized.

(A) In the first part of the broadcast of this case, the Defendants: (a) reported a rash that “Is the U.S. shall be allowed to slaughter all cattle which satisfys after the first outbreak of luminous disease in 2003; (b) Isatfy, after passing the first inspection, Isatfy to slaughter at the slaughterhouse; (c) Isatfy, after passing through the inspection, Isatfy to go through this tash; and (d) Isatfy, Isatfy, saying, “Issatfy, Isatfy, Isatfy, who reported this tash and received a significant shock; and (d) Isatfy, who did not think that all these cattle were slaughtered, Isatfy,” and reported the contents that “Isatisfy, Isatfy,” “Is the fact that Isatisfy’s disease.”

(B) After completing the above news report, the Defendants used CN on February 19, 2008, “In accordance with the provisions of the U.S. Ministry of Agriculture and Forestry, the lawsuit for failing to walk would not be slaughtered and used for food, but it was now late, but it was revealed that all of the instant news reports have been distributed and most of them have been consumed.” After citing the news “I will open to the public. I would like to say, “I would like to see why I would like to see why I would like to see the fact that I would like to see that I would like to see if I would like to see that I would like to see the fact that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see the instant news report.”

(2) Determination

In light of the above facts and the legal principles as seen earlier, considering the overall increase that the contents of this part of the report related to multi-packers paid attention to viewers and viewed, the meaning of this part of the report related to multi-packers is deemed to have been illegally slaughtered and distributed for food.

C. Whether false facts are false

(1) Facts of recognition

According to the records, the following facts are recognized.

(A) The reason why the action was brought is that there are various grounds such as the alley, fluoral, external disorder, disease, etc. in addition to the luminous disease, and the U.S. was not found in the action that was born after the U.S. taken an animal feed prohibition measure on August 197.

(B) It cannot be readily determined whether the action was affected by luminous disease before slaughter of the Mad Cos, Ltd. after smoking the Mad Cos, Ltd. on the ground that the action was taken by the Mad Cos, Ltd. until now, the United States found the Mad Cos, Ltd., and all of them were not showing the unique symptoms of other Mad Cos, Ltd. except for symptoms. On December 13, 2003, the action taken by the Mad Cos, Ltd. first discovered on the ground of the first of December 13, 2003 was diagnosed to have been taken by the Mad Cos, Ltd. after slaughter, but the Mad Cos, Ltd. was found to have been infected by Mad Cos, Ltd. after slaughter, and the Mad Cos, Ltd. was found to have been infected by Mad Cos, Ltd. 98 after slaughter the Mad Cos, Ltd. (the Mad Cos, Ltd.).

(C) On January 12, 2004, after the discovery of the first luminous disease, the U.S. government issued a provisional provision prohibiting the slaughter of the teas who applied for slaughter at the clinical signs of the luminous disease. On July 12, 2007, the U.S. government issued a provisional provision prohibiting the slaughter of the teas who applied for slaughter at the time of the first luminous disease. On May 20, 2008, the U.S. government announced the final provision allowing the slaughter of the said cattles after passing the inspection at around July 12, 2007 to be conducted by a veterinarian in accordance with voluntary reporting by the slaughter staff. On May 20, 2008, the U.S. government issued the maximum beef call of the thought after the publication of the instant video, the U.S. government announced that the 10th government-invested cattle was prohibited to be slaughtered at the time of the 10th government-invested action, including the 1st government-invested permit the slaughter of the cattle to be conducted within the 14th government.

(D) As it is clearly revealed that Mad Cow Disease has taken a fluoral feed containing ingredients, such as protein derived from animals into cattle, the U.S. has taken measures prohibiting the use of feed made from protein animals in 197 by using proteins derived from protein animals, and has been implementing such measures until the present.

However, on May 26, 2007, when the United States acquired the status of the Mad Cow Disease Control Bureau (OE) from the International Office for the International Waters (OE) of the United States, it decided to carefully consider anti-dumping measures that prohibit the use of specific dangerous substances (SSM) as animal feed in order to the effect that it can not effectively control the risk of Mad Cow Disease due to the problem of cross-pollution, etc. (OE) and that it could not effectively control the risk of Mad Cow Disease (OE) as animal feed (OE), and the United States also proposed the reinforcement of prohibition measures that prohibit the use of specific dangerous substances (SSM) as animal feed, such as the contents recommended by the OE on July 204 (OE).

In addition, unlike the United States, a luminous disease inspection is conducted with respect to lawsuits equivalent to 0.1% of total slaughtered cattle, in Japan and Canada conducting a luminous disease inspection with respect to lawsuits equivalent to 3% of total slaughtered cattle, and in Canada conducting a luminous disease inspection with respect to lawsuits equivalent to 88, 89, 90, 301 with the same content as that of the United States, cattle infected with luminous disease were found in many times in the unclaimed cattle (Evidence No. 88, 89, 90, 301).

(E) On February 19, 2008, California waish-mark company, which operated a slaughterhouse that appeared at the same time after the disclosure of the instant video, reported that the first 14,300 U.S. beef 14,30 million won had been distributed retroactively not later than two years prior to the discovery of the first Mad Cow Disease (Evidence 181), and that the major media of the U.S. reported Mad Cow Disease (Evidence 181), which caused Mad Cow Disease (hereinafter “Mad Cow Disease”) or Mad Cow Disease (hereinafter “Mad Cow Disease”) to protect humans from being exposed to Mad Cow Disease, thereby excluding from the food supply system by prohibiting slaughter of Mad Cow Disease (hereinafter “Mad Cow Disease”). The major media reported Mad Cow Disease (hereinafter “Mad Cow Disease”) related to U. 14,300 U.S. beef Mad Cow Disease (hereinafter “Mad Cow Disease”).

(2) Determination

The following facts revealed in the above facts, namely, the Mad Cow Disease Lawsuit was found to have never shown special symptoms of other Mad Cow Disease except all of the Mad Cow Disease Lawsuits in the United States. The first Mad Cow Disease Lawsuits in the United States established a provision prohibiting slaughter of Mad Cow Disease as a countermeasure against Mad Cow Disease, and it was assessed that the United States could not effectively control Mad Cow Disease for reasons of cross-pollution, etc. since 197. Since the first Mad Cow Disease Lawsuits in the U.S., Ltd., the first Mad Cow Disease Lawsuits in the U.S., the first Mad Cow Disease Lawsuits in the U., Ltd., and the first Mad Cow Diseases in the U.S., Ltd., the first Mad Cow Disease Lawsuits in the U.S., Ltd., which were found to have been less likely to have been Mad Cow Disease than the first Mad Cow Disease in the U.

2. The portion of the report pertaining to Arasson;

A. This part of the facts charged

At the time of the broadcast of this case, the private person of Arasson was not revealed, and the result of the autopsy was revealed to be the correct private person. After the broadcast of this case, it was revealed that the private person was not a human form of depression. It was false that the Defendants reported in the broadcast of this case that “It is highly likely that Arasson died due to the death of Arasson caused a human form of depression disease, or only after the death of Arasson was diagnosed as a human form of depression disease.”

B. The meaning of this part of the report

(1) Content of the report

According to the records, on April 8, 2008, the Defendants: “Isn't know that Isn't have been affected by human oreutic disease,” citing a report that “Isn't have been affected by human oreutic disease,” and that Isn't know that Isn't have to have been affected by Is't know that Is't have to do so within the first time. Is't say, “Is't have to know that Is't have to be affected by human oreutic disease,” and that Is't have to say, "Is't have to be able to know that Is't have to be affected by human oreutic disease," and that Is't have to say, "Is't have to be able to know that Is't have to be affected by human oreutic disease."

(2) Determination

The Defendant’s mother of Liberson’s Liber’s English interview with “IF my dumsibly” part of the Liber’s English interview with “IF dume,” and “IF dumsa” part of the “IF duma” part of the report materials from the Health Authority of Liber’s health and health and health and health and health, but it is reasonable to view the entire part of the report materials as a result of this part of the report to be “VIRGIN dPAT HHHEEETRALOTRS OF PEOESOMOEMMOEMMMYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYEEEEEEMYYEEEEEEEEMMMMMEEEEEOOOOOOOOOOOOEEEE.

C. Whether false facts are false

(1) Facts of recognition

According to the records, the following facts are recognized.

(A) On April 16, 2008, the mother of Lesinson stated that “Isinson was diagnosed with human form of Madson as a result of the Arinson’s inspection” in the interview with Arinsinson’s home on April 19, 2008 (No. 48 No. 1, 2, and No. 256 No. 1, 256). The English language text is as follows.

An interview held by a State or a local community;

"Wel. Doll. Haaaaglesed possably her Mai her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

According to the U.S. Federal Ordinance of the Ministry of Agriculture and Forestry (Evidence No. 296-1) and the Data of the Disease Control Center (Evidence No. 296-2), the term “CJD” referred to as “Ava” is used as a means of “vCJD,” which is a human mineral disease.

Ma Mad Mad Mad Mad

『 We were told by physician here that associated with the state. that um if our daughter should have CJD, the varient that this only it's very rare…very very rare… and then they had only been three people and our daughter would be one of the three.』

Do governor 이 이 이 이 이은 이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 이이 Do.)

(B) On April 19, 2008, Linson explained in detail the progress of the disease suffering from Aminson at the above Aminson’s interview, the doctor’s recommendation was made to take the MRI because the cause cannot be known, and as a result of the MRI inspection, the doctor explained in detail that the MRI’s explanation was given.

(C) In addition, on March 30, 2009, Arabson’s bereaved family members were discharged from the lawsuit filed on March 30, 2009, after being hospitalized in Amerson on April 2, 2008, after being diagnosed by Amera-JD (vCJD) in common by Amera on April 4, 2008 (Evidence No. 265). However, on April 9, 2008, Amerson died, during the period of the above hospitalization, was diagnosed and treated (Evidence No. 265).

(D) As a result of the MRI test, CJD award among brain is normal, while it is known that vCJD is distinguishable from each other due to symptoms arising from the disease in the bend of each award of brain.

(E) At the time of April 9, 2008, the major media of the U.S. reported to the effect that Lesson died after undergoing a diagnosis of suspicion of human Mad Cow Disease and was investigating the exact cause of death. There was no report mentioning the possibility that Lesson’s death was caused by acute Radymer’s brain disease.

(F) After the instant broadcast, on June 12, 2008, the U.S. Disease Control Center issued a final announcement on the fact that the U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S

(2) Determination

According to the above facts of recognition, Lesson died after receiving a diagnosis of the suspicion of human formeopic disease (vCJD) as a result of MRI, and the private person was not revealed until the broadcast of this case. Thus, it cannot be viewed that the report of this part was false on the ground that the private person was found to be acute brain disease after the broadcast of this case.

(d) Whether the Korean translation of Arasson’s private caption is distorted

(1) As pointed out in the above facts charged, regarding the part of the Mady dumster dumsibly, among the contents of the interview of the Lobson, “I do not know how IF dums dums dums dums dums dumbly,” is a correct translation, and “If dum dums dums dume” in the part of “If dums dume,” which is “If dums dume,” which is “If dume dums dume,” which is “Is dum dums dums dums dums dums dums dums dums dums dums dume', which was reported by the Defendants.” It is acknowledged that I, according to the WAV dums dum dum dum dums dum.

(2) The Defendants first prepared an editing structure, the first caption request (up to a reduction) and the second caption request (up to a reduction) on the basis of the original translation of the English films and documents reported by the Defendants in the instant broadcast, and then published them in the instant broadcast. The above primary translation version, the draft editing structure, the first caption request (up to a reduction of the number), the second caption request (up to a reduction of the number), and the second caption request (up to a reduction of the number) were stored in document files in the Nowon-west, and the flow of the relevant translation that can be seen through the storage time of each of the above documents (up to a document file, evidence Nos. 277-1 through 7, evidence No. 278, evidence No. 278-1 through 8, evidence No. 279-1 through No. 279-8, the above contents were modified in the process of editing the English caption, and all of the contents of the said report or the contents of the said report were not known to the Defendants.

E. The credibility of Nonparty 1’s statement

As examined below, it is difficult to believe the statement of Nonparty 1 as it is in light of the following: (a) the person asserts that he did not have experienced by himself; or (b) the person reverses it to this court without any justifiable reason to obtain the statement that was made at the time of the prosecutor’s investigation.

(1) Nonparty 1, as a franchise translation, translated part of the English news coverage materials covered by the Defendants, was only English at the English level to confirm whether the English language part of the film of the program actually broadcasted and the translation caption prepared for this end coincide with the English caption on the written request for caption caption prepared for this purpose. Nonparty 1 did not participate in the production process of the instant broadcast, and did not have the production intent, production process, and coverage content of the instant broadcast, as there was no satch other than the assist writers, and did not have a position to accurately understand the production intent, production process, and content

(2) The non-party 1 asserted that, in the interview or Internet camera bulletin with some media, he/she himself/herself or almost translated all or almost part of the interview content of Lohman. In that context, he/she argued that Lehinson was diagnosed as a result of the MRI test.

However, Defendant Kim Slick and Linson’s interview test are four pages; Nonparty 1 translated the interview test corresponding to the first part of the interview test; Nonparty 1 translated the above interview test on the part that Linson explained that “hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd hyd l.

In addition, Nonparty 1’s translation of Nonparty 1’s interview test shows the expression “ava JD” as to the result of the MRI’s inspection, and this part is used to mean “vCJD” that means human form of depression in the U.S. as recognized earlier. However, Nonparty 1 translated this part of the “ava JD” into a simple CJD (ava 1559 pages).

(3) Nonparty 1 argued that there was suspicions that the Defendants had broadcasted after intentionally deducting it (No. 266-2,267, 268, 269) from the interview with some media or Internet camera’s interview to the interview conducted by Roman, which he translated, was able to have died due to the aftermathical operation or was prescribed by taman (No. 266-2,266).

However, it is difficult to find out where Nonparty 1’s translation interview as well as a non-language interview, the part of which Nonparty 1 was able to have died due to the aftermatho’s surgery, or the part of which Nonparty 1 was referred to as having been subject to a bitson’s prescription.

(4) On June 28, 2008 and July 5, 2008, the non-party 1 made a statement at the prosecutorial office twice on the English acceptance. At the time, Nonparty 1 made a statement to the effect that, by comparing the broadcast content and the gas-cream stored at the Nopt north with the droid, it was verbally notified, and that, at the time of Nonparty 1 made a statement to the effect that, in addition to the point pointed out that it is unreasonable to connect the gas Cropic image with the opic disease at the time of Nonparty 1 made a statement to the effect that if the part at the time was at issue with the dropic or station, it would naturally be the process of editing and making a statement to the effect that, as a matter of course, it would have been corrected after editing the part at the time.

However, in the prosecutor's investigation on February 12, 2009, Nonparty 1 stated that he was able to take English care of the part of the previous statement that he had taken care of the gas cream stored at Not North, and reversed the previous statement that he had taken care of it. In addition, in this court, he confirmed that all of the parts that had been presented a written request for a caption, etc. on the English clicker at the time when he was English, which were the same as the written request for a caption before the English clicker, were the same as that of the written request for a caption before the English clicker. However, although Nonparty 1 pointed out these parts at the time he was English clicker, it was difficult to confirm whether the above click was properly corrected due to the difficulty of clicking the clicker, and it was not known that he had different output after being clicked.

3. Reporting related to MM-type genes;

A. This part of the facts charged

Since the specific gene type alone cannot be determined on the basis of the higher or lower risk of human form of opic disease, it is false for the Defendants to report that “the probability of human form of opic disease is 94% when taking in beef affected by opic disease,” although approximately 94% of the Koreans used opic genes, the probability of human form of opic disease cannot be deemed to be 94% when taking in beef affected by opic disease.”

B. Details of this part of the report

According to the records, in the instant broadcast, the Defendants knew that “the results of the gene analysis conducted in the name of 500 U.S., Korea, would be very vulnerable to Mad Cow Disease. The 129th gene type out of Mad Cow Disease would be total of three times. In other words, the probability of human form of Mad Cow Disease would be approximately 94% when Korean people take in beef infected with Mad Cow Disease. Accordingly, whether the U.S. is far away? It is recognized that the Mad Cow is about 50% of U.S. people? The Mad Cow, Korea can be deemed to have high possibility of three times the U.S. people and approximately two times the U.S. people.”

C. Whether false facts are false

(1) Facts of recognition

According to the records, the following facts are recognized.

(A) In the case of a normal person, the MM type/MV type/V type was shown on the part of the coinonom No. 129, and all the patients of the changed crokeelelelfelt (vCJD) occurred only in the case of a person with the M type.

(B) In the analysis of genetic diversity of 129 proteco 129 from the top 94.33% of the codin to the top 529 Korean top , a research paper suggesting that the genetic type of 129 codin has been mM type, and that if a emeric disease occurs in the Republic of Korea, it is likely that a emeric disease will occur in the world to become a country with a high possibility of the occurrence of a protemeric patient.

(C) After the publication of the above research paper, the Korean academic circles accepted the results of the research without any criticism. The materials of the second expert meeting of the Ministry for Food, Agriculture, Forestry and Fisheries on September 11, 2007 indicate that “Korean people are entirely vulnerable to Mad Cow Disease,” and even before the report of this case, many media have cited the research results and reported that the Korean people are entirely vulnerable to Mad Cow, Disease.

(2) Determination

According to the above facts, the gene type No. 129 is MM, and the human form is more likely to take place compared to other countries, and it can be seen that the Korean topr is entirely weak than the other countries.

On the other hand, in the context of defamation, in a case where an important part is inconsistent with objective facts upon examining the purport of the entire facts, even if there is a little exaggeration or exaggeration, it cannot be viewed as false facts. As acknowledged earlier, the entire content of the report is entirely vulnerable to human form of Mad Cow Disease, and thus, although it appears in the middle of the report that “the probability of human form of Mad Cow Disease would occur when Korean people take in beef infected with Mad Cow Disease,” it appears to be an expression that is exaggerated or false in light of the context of the transition and after the report, and thus, this part of the report is not deemed to be false in conformity with objective facts.

4. Part of the report related to the SDR;

A. This part of the facts charged

According to the import sanitation conditions concluded through the instant beef import negotiation, it is false for the Defendants to report that, in the instant broadcast, there is no specific hazardous materials (SSM) imported in the case of beef under the age of 30 months, there is no specific hazardous materials (SSM) imported in the case of beef under the age of 30 months, since only two specific hazardous materials (SSM), such as flads, flads, and all of them were imported after removal.

B. Details of this part of the report

According to the records, in the broadcast of this case, the Defendants reported the result of the negotiations of this case, “the age limit of 30 months is lost, and part of the current luminous disease enters,” and followed, the Defendants reported that “the brain of a cattle affected by luminous disease is excavated, such as punch. If the Defendants inspected it, it would be immediately modified. The cause of the investigation is that it would be immediately modified. In particular, it is called a specific dangerous substance. There are seven dangerous substances in all, and until now, there are no hostiles coming into the Republic of Korea.” However, in the future, it can be acknowledged that the Defendants reported the content that “if she removes only her flag and her flag, it will enter the Republic of Korea.”

C. Whether false facts are false

(1) Facts of recognition

According to the record, the United States was granted the status of the Maw Disease Control Bureau on May 25, 2007 from the International Office of Maw Disease Control. The International Office of Maritime Affairs classify 7 parts of lawsuits over 30 months of age of the Maw Disease Control State, such as brain, snow, galone, galone, galone, galone, galone, galone, galone, president abandonment, and 2 parts of lawsuits over 30 months of age, but the European Union classify 12 months of age or more as specific hazardous materials. However, the European Union classify 7 months of age as specific hazardous materials, the total length, galone, galone, galone, galone, galone, galone, galone, galone, galone, galone, galone, galone, galone, galone, galone, galone.

(2) Determination

According to the above facts, there are various kinds of reports in accordance with the country or classification criteria rather than the absolute criteria for classifying the specific dangerous substances of cattle. The report that all of the specified dangerous substances of cattle was seven shall be deemed to have been in accordance with the previous classification criteria of the government of the Republic of Korea. In the case of less than 30 months, it shall be deemed to have entered the Republic of Korea with five remaining days after removing letters and president abandonment. Thus, this part of the report shall not be deemed to have been false.

5. Report related to ascertaining the status of the negotiating group;

A. This part of the facts charged

The Korean government, which was requested by the U.S. to revise the import sanitary requirements of U.S. beef, started an independent import risk analysis, conducted an investigation into the U.S. livestock slaughter system, and conducted an investigation into the U.S. livestock slaughter system in advance by holding an expert conference or a council for animal disease control, and concluded the negotiations on import of beef in this case. Thus, it is false that the U.S. cattle slaughter system was examined and inspected prior to the negotiations, and the victims did not have any possibility to conceal or reduce such risk because the risk of the U.S. beef disease itself is false. However, the broadcast of this case reported that the Defendants concluded a negotiation with the U.S. beef import with the victims having knowledge of the risk of the U.S. beef disease because they did not regard the U.S. cattle slaughter system as the actual condition of the U.S. beef slaughter system, or with the knowledge of the risk or reduced the risk.

B. Whether false facts are false

(1) Facts of recognition

According to the records, the following facts are recognized.

(A) Progress of import negotiation of the beef of this case

① From May 25, 2007, the Government requested the United States to revise the import sanitary conditions of beef from the International Office of Mad Cow Disease Control (OE). Since the commencement of the import risk analysis, such as the assessment of risk of Mad Cow Disease of U.S. beef, our experts directly visit domestic farms, slaughterhouses, household factories, feed factories, etc. from June 30, 2007 to July 8, 2007 to investigate the U.S. slaughter system including whether to use Mad Cow Disease Feed feed, removal and treatment method of specific dangerous substances, etc., and conducted an investigation into the U.S. slaughter system within 01 U.S. Council meetings (OE) and Animal Disease Control Council (OE 207.1.7 years from July 25, 2007; 8.31, October 19, 2007).

② After that, on April 4, 2008, the Korean government made a request for the resumption of beef import negotiations from the U.S. and on April 10, 2008, based on the basic position on the permission for import of beef contained in the bones of less than 30 months old, and on April 18, 2008, entered into an agreement with the U.S. government on the import sanitary conditions of import on April 18, 2008, when the U.S. government takes measures to prohibit the import of beef contained in the bones of not less than 30 months old (in the event of implementation or promulgation) and other issues, including the permission for import of beef contained in the bones of not less than 30 months old (in the event of implementation or promulgation).

③ The Korean-U.S. beef agreement is required to be published by the Korean government on April 22, 2008 in order to gather public opinions on the import sanitary conditions of the Korean-U.S. beef, and it is anticipated that the legal procedure will be completed and implemented on May 15, 2008 after the period for gathering public opinions (20 days after the publication). (Investigation Record No. 56 pages)

(b)The U.S. Rab Disease Control Policy and its assessment;

(1) Prohibition against slaughter of multi-packers.

On December 12, 2003, the first luminous disease action was found in the U.S., and the action did not show the unique symptoms of other luminous disease except for the brush. Accordingly, the U.S. government announced a provisional provision that, as the core fire wall against luminous disease, the brus might be clinical signs of the bruse disease, the bruse could not be slaughtered or walked, so that all the brus who applied for slaughter can not be slaughtered and disposed of by the bruse, and the bruse's voluntary control of the bruse's bruse's brus cannot be relied upon by the bruse's investigator's report and inspection (as the bruse's cruse's cruse's cruse's cruse's cruse's cruse's crut.

(C) According to the procedures of the DRA, when the truck in which the cattle room arrives at the slaughterhouse, it takes these cattle out of the slaughterhouse, and enters them into the slaughterhouse, and the veterinarian belonging to the Ministry of Agriculture and Forestry conducts the inspection before slaughter into the slaughterhouse, takes the cattle which passed the inspection before slaughter into the slaughterhouse to the slaughterhouse, send the cattle which passed the inspection before slaughter to the slaughterhouse, and walk the passage connected to the boiler, and then undergo a reinspection by reporting it to the Ministry of Agriculture and Forestry, and the slaughterhouse employee shall report it to the Ministry of Agriculture and Forestry, and slaughter the cattle at the slaughterhouse upon arrival of the knife, and then slaughters through the process of cutting it into the total area upon arrival of the knife.

According to the video of this case, a veterinarian belonging to the Ministry of Agriculture and Forestry left 6:30 A.M. and 12:30 p.m. at two o.m. and 12:30 p.m. on a day, and the veterinarian did not inspect only one Mari, and passed the process only when a group of cattle (the approximately approximately 30-50 p.m.) passed or left the match. There were many cattle that the veterinarian passed and processed after leaving the mooring place. There were many cattle that the veterinarian passed after leaving the moorings, under the direction of the company, did so by using various methods, such as ing them into a scke, lblveing them into the scke, blveing them into the scke, lveing them into the scke, etc., and then slaughter them by passing through the 14-14(14-14-14).

C. On May 20, 2008, the Ministry of Agriculture and Forestry, after the call incident, announced that it was necessary to start the operation to revise the pertinent provision as it was to prohibit the slaughter of the multi-packer cattle that could not sing or walking after passing the pre-pack inspection in order to maintain consumer confidence in food and to have positive influence on the humanitarian handling of cattle, and to prohibit the slaughter of the multi-packer cattle. Ultimately, on March 14, 2009, the Ministry of Agriculture and Forestry issued the final provision that all the multi-packers who were sing at any time before the slaughter, including the multi-packer cattle which was passed through the pre-packer inspection, to properly dispose of them at any time before the slaughter (Evidence No. 5).

(2) Feed prohibition measures.

As it is revealed that ewal disease has been caused by drinking balone feed containing various ingredients (a short galin, etc.) derived from animals to cattle, countries around the world have taken feed-free measures in line with their own circumstances, and the United States has implemented feed-free measures prohibiting the use of feed produced by using a short galin from 197 to the present anti-pets by anti-pets.

(B) The CGR permits non-compets to use anti-compets as animal feed, so it is criticized that there is a risk of cross-compets ? anti-compets ? anti-compets ? anti-compets ? anti-compets ? and thus it is not possible to completely control luminous diseases. The CGE also declared that, at the time of granting the U.S. status of the 1997-limited feed risk control station, it recommended that the CGM be prohibited from using SSM as animal feed (the first Special Meeting of Experts on July 19, 2007) and that, at the first session of experts meeting of September 21, 2007, there is a possibility that anti-compets in the U.S. will meet the U.S.O.OE standards, and that there is a possibility that the CGM will be strengthened in the first stage of non-compets 200 U.S.

(C) Cases of violation of removal of specific hazardous materials (SSM) from luminous disease

After the first luminous disease lawsuit was discovered, the United States prevented the use of SSM in human food in addition to the ban on slaughter of Mad Cow Disease (Evidence 84). From January 2004 to March 2005, the violation of CRM was 33% or more of 276 cases in the United States (Evidence 183). In addition, the U.S. Ministry of Agriculture and Forestry, on April 4, 2008 prior to the negotiations of this case, distributed the head of SSM and took measures for recall on the ground that there were many specific hazardous materials (SSM) distributed several times in the year other than the year 2008.

(D) The possibility of the error of the Adomination method in the determination of the age of the action

① In the United States, matters concerning the birth of a lawsuit are not mandatory, and thus, the age of the lawsuit is generally determined by the method of screening the baby. The method of screening the baby's age is determined by considering that the time when both parties in the first permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent

② As such, there is a possibility of error in determining age, such as the existence of a variety of populations depending on the variety, regional location, genetic characteristics, food, disease, etc. of a lawsuit, the relative age may be used as an index to estimate the relative age. However, if there is no document containing the record of birth, it cannot be used as an index to determine the absolute age, so it is difficult to accurately determine whether the relevant method is less than 30 months old and more (as of September 11, 2007, the third expert meeting data, evidence Nos. 42, 95, 96, 97, 97, 98, 184, witness Nonparty 2, and Nonparty 3’s legal statement).

(2) Determination

According to the above facts, the Korean government conducted independent import risk analysis procedures prior to the conclusion of the Agreement on the Import of Beef of this case, such as ascertaining, inspecting, and seeking opinions from the relevant parties, such as the Council of Experts, and Animal Disease Control Council, after receiving a request from the U.S. to revise the import sanitary requirements of beef, but there was a multi-pacter image that can see the institutional problems of the U.S. slaughter system after going through such procedures, and there was no doubt that there was a change in the U.S. government’s domestic and foreign beef slaughter system’s safety and health, and there was no doubt that there was a change in the U.S. government’s domestic and foreign beef slaughter system’s final risk control policies based on frequent SRM regulation violations, frequent SRM regulations violations, and SDRM in accordance with the SDRM regulations. If a young female residing in the U.S., who was under evaluation by domestic and foreign experts to fully control the risk of Mad Cow disease in U.S. beef, it can be seen that there was a change in the domestic government’s final risk of disease.

6. Whether the Defendants’ report of this case and the victims’ defamation

A. Meanwhile, in setting the limitation between the freedom of speech and the protection of reputation, if the expression concerns a matter of public and social meaning, it should be evaluated differently from the case concerning a matter of private domain, and the restriction on the freedom of speech should be mitigated, and in particular, if the government policies relating to the life and health of the people are subject to citizen monitoring and criticism at all times.

In addition, in light of the characteristics of press reports, the mission of which is to monitor and criticize government policies, where sufficient and reasonable grounds exist to suspect that government policies have problems that may pose a risk to the lives and health of the people, the act of monitoring and criticism, such as raising such problems through press reports based on considerable grounds, and urging correction thereof, may be deemed as belonging to the freedom of press, which is one of the important contents of freedom of press. Thus, such media reports may not immediately lead to a degradation of the social evaluation of public officials participating in the relevant policies.

B. Regarding the instant case, the Defendants criticizeed the results of the negotiations on import of the U.S. beef, especially the risks of Mad Cow Disease, and the issues in the process of the negotiations on imports of the instant beef conducted in a public position by the victims, considering domestic and foreign experts’ assessment that the U.S. policies on the control of the risk of Mad Cow Disease could not control the risks of Mad Cow Disease completely, taking into account the following factors: (a) the disclosure of Mad Cow Disease’s image at the time of the instant report to the public and its maximum scale of ideas; (b) the patient suspected of Mad Cow Disease’s death; and (c) the current U.S.’s evaluation of the risk of Mad Cow Disease’s current implementation; (b) there was sufficient and reasonable reason to have a doubt about the safety of U.S. beef from Mad Cow Disease’s disease; and (c) the Defendants criticized the government policy that “the instant beef import negotiation” by the instant report constitutes an important content of the freedom of the press; and (d) the victims’s injury.

In addition, there was no specific fact that the Defendants referred to the victims as their individuals among the contents of the instant report, thereby undermining their social evaluation.

Therefore, among the facts charged in the instant case against the Defendants, defamation constitutes a case where there is no proof of crime.

C. Determination as to interference with business of prisoners of war with false facts

1. In relation to the crime of interference with business established by spreading false facts by the method of spreading false facts, the crime of interference with business refers to spreading false facts to many and unspecified persons, which contain matters different from the actual objective facts, and in particular, it is required that the person concerned actively perceived that the facts he disseminated were false at the time of the act (see Supreme Court Decision 93Do1278, Jan. 28, 1994).

2. As examined earlier, the report of this case by the Defendants cannot be seen as false because the important part of the report of this case is consistent with objective facts. Thus, the Defendants’ act of the report of this case cannot be seen as a false distribution.

In addition, as seen earlier, it is difficult to view that the Defendants criticized the safety of U.S. beef through the report of this case and the problems of the import negotiation of the beef of this case, and there is no intention to interfere with the work of victims who import and sell U.S. beef.

Therefore, among the facts charged in the instant case, the obstruction of business against the Defendants constitutes a case where there is no proof of crime.

IV. Conclusion

Therefore, the facts charged against the Defendants constitute a case where there is no proof of crime, and thus, the Defendants are acquitted under the latter part of Article 325 of the Criminal Procedure Act.

Judges Shin Sung-sung