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The defendant shall be innocent.
Reasons
1. From May 10, 2010, the Defendant was in charge of performing duties on behalf of the president of the Class C relatives’ Association, and there has been disputes over the operation right of the said Class D and the disposal of the property of the said Class D with the victim, who was the president of the said Class C relatives’ Association.
The defendant appears to be a clerical error in the indictment around September 2010 on February 2, 2011.
(See title 3, No. 4, 236 of the Investigation Records) The above-class office of the Dongdaemun-gu Seoul E-building No. 301, “I will report the complaints and accusations such as D, F, etc. and the intermediate results of civil litigation cases,” and “I will report the victim’s reputation by openly pointing out facts by sending them by mail to approximately 400 members, including L, who interfered with the proceedings of the general meeting of June 26, 196. The time of the ordinary meeting of DC G, H, I, J, K, and other systematically and interfered with the meetings and interfered with the proceedings of the meeting.”
2. The defendant asserts that the facts alleged by the defendant are true and for the public interest, and thus, it constitutes grounds for excluding illegality in Article 310 of the Criminal Act.
3. (1) Determination may not be punished pursuant to Article 310 of the Criminal Act in a case where an act that defames a person by openly pointing out a fact is true and solely for public interest. Here, the term “material fact” refers to a fact that is consistent with objective facts in light of the overall purport of the content thereof, and even if a material part is different from truth or somewhat exaggerated expressions exist in detail, “when it comes to the public interest” refers to the public interest when the alleged fact objectively concerns the public interest, and thus, the actor should also be subjectively expressed for the public interest. It is widely related to the public interest of the State, society and other general public.