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The Defendants are not guilty. The summary of this judgment is publicly announced.
Reasons
1. Defendant A is the Chairperson of the D Association, and Defendant B is the Director General of the said Association.
On October 20, 2015, the Defendants conspired to post a banner stating “F,” in the name of the said Association, to the effect that the victim F Co., Ltd. did not conclude a re-contract with the Defendants after the expiration of the “H harvest lease agreement” period concluded with the Defendants for the victim-owned G located in the Nam-gu, Nam-gu, Chungcheongnam-gu. The victim F Co., Ltd. destroyed the victim’s reputation by openly pointing out the following facts: “F,” which is the part of the unilateral lease contract f, is subject to disclosure and is subject to disciplinary action against the relevant person.”
2. Determination
A. The prosecutor of the statement of fact was indicted by applying Article 307(1) of the Criminal Act to the facts charged.
In other words, the claim that “Unilateral lease contract cancellation f.b.” indicates that “(non-f.............., the provision of the applicable law was clarified through amendments to indictment that deletes the part of the original charge that the prosecutor explicitly expresses that it is false). In other words, the above banner is not a false statement but a statement of true facts.
B. Even if a certain expression of legal doctrine impairs another person’s reputation, such expression is not punishable if it is true and solely for the public interest (Article 310 of the Criminal Act). Here, “public interest” includes not only the interests of the State, society, and other general public, but also the interest and interest of a specific social group or its members (see Supreme Court Decisions 93Do1035, Jun. 22, 1993; 98Do2188, Feb. 25, 2000; 2001Do3594, Oct. 9, 201). “When it is solely for the public interest” is objectively related to the public interest when considering the alleged fact, and an actor should also indicate the fact for the public interest.