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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 the victim E who served as the Secretary-General of the incorporated association from November 11, 1999 to February 25, 2014, and the defendant is a person who serves as the president of the G district of the said incorporated association.
On June 5, 2015, from around 07:30 to around 08:30, the Defendant cited a ticket containing the contents of “100,000 users,” “H and E, who embezzled money to good members, are detained,” and “F,” in front of the Seoul Western District Prosecutors’ Office located in 174 as Mapo-gu Seoul Mapo-gu Seoul, Mapo-gu.
Accordingly, the defendant has damaged the reputation of the victim E by openly pointing out facts.
2. Determination
A. A person who defames a person by openly pointing out a fact-finding doctrine shall be punished by imprisonment with or without prison labor for not more than two years or by a fine not exceeding five million won (Article 307(1) of the Criminal Act). However, if such an act is true and solely for the public interest, it shall not be punished (Article 310 of the Criminal Act). If the principal purpose of the actor who publicly stated the fact is to promote the public interest, there was an incidental purpose
However, the application of Article 310 of the Criminal Act cannot be excluded (see Supreme Court Decision 2008Do6342, Nov. 13, 2008, etc.).B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court as to the instant case, the Defendant’s act is a true fact, and thus, is not unlawful.
1. The Defendant is a person who is engaged in e-mail business in Seoul, and is in office as the president of the G District of F, an incorporated association.
② In the facts charged in the instant case, the Defendant embezzled the money of a specific social group called F, an incorporated association, and constitutes a public interest examination of the said social group, and the victim’s private area.