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(영문) 부산지방법원 2020.05.08 2019노3085
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (definite or misunderstanding of legal principles) did not have the intention of defamation against the Defendant. The Defendant’s act was about the public interest in order to harm the Defendant’s suspicion of embezzlement or misappropriation raised by the victim and to inform the apartment residents of the fact, and thus, the illegality is excluded in accordance with Article 310

2. Determination

A. The Defendant also asserted as the grounds for appeal in the lower court’s judgment, and the lower court, as the chairman of the Reconstruction Preparation Committee for the instant apartment, has published each of the instant apartment in the 18th and 19th re-building newsletters in order to reflect the alleged suspicions, such as occupational embezzlement toward himself/herself on the part of the victim, and the outcome of the inspection of the use of safety inspection expenses.

In light of the overall context of each of the instant text, the language selected, and the method of expression, etc., the contents that infringe on the victim’s social value or evaluation are included in considerable parts. Thus, the Defendant’s act is deemed to have more strong purpose than the public interest, and the Defendant’s assertion is dismissed, and the Defendant was guilty of the facts charged.

B. In addition to the circumstances revealed by the lower court’s judgment, the following circumstances revealed by the evidence duly adopted and examined by the lower court, namely, ① the inspection group of the use of the safety inspection expenses for reconstruction of the instant apartment, which was held around April 25, 2018, constituted three members of the victim, female president, and female members, etc. at the joint meeting of the Women’s Association of the instant apartment held on and around April 25, 2018, and the said inspection group’s “inspection report” was prepared under the name of the said inspection group and announced the results of inspection by the Women’s Council, the meeting of the Steering Committee for Preparation for Reconstruction, and the council of occupants’ representatives at around June 2018 (not distributed individually to the visitors), and ② Nevertheless, the Defendant without objective grounds

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