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(영문) 서울동부지방법원 2013.12.10 2013고정1814
명예훼손
Text

The sentence against the accused shall be 500,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

On March 7, 2013, at a representative meeting in Seongdong-gu Seoul apartment management office, the Defendant damaged the reputation of the victim C by stating as follows: “The Defendant, at the representative meeting of Seongdong-gu Seoul apartment management office, the head of the apartment management office and five representatives of the Dong, “A person who has honestly violence C, who has committed a fright offense, such as theft, violence, fraud, etc., on several occasions, has been sentenced to imprisonment for a total of ten years at least ten years with prison labor for a total of 20 criminal offenses, which are low,” and delivering it to Dong representative D who attended the meeting.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C and the application of the Acts and subordinate statutes on printed articles;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the defendant's assertion under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The contents of C related to the alleged inducement are about the fact that apartment residents know about it, and the delivery of the printed matter to D, and there is no performance. The delivery of the printed matter by the defendant for the public interest is an act for the delivery of the printed matter, and therefore the crime of defamation is not established.

2. Determination

A. The crime of defamation may be established if the content of a publicly known fact is likely to defame another person even if it is a publicly known fact. Thus, since it is not a public figure, C, not a public figure, cannot be deemed as a publicly known fact known to the occupants of apartment complexes, and even if it is a publicly known fact, insofar as it is a content that may impair C’s reputation, the publicly known fact constitutes a publicly known fact in the crime of defamation.

B. The public performance, which is the constituent element of the crime of defamation, refers to a state in which many, unspecified or unspecified persons can recognize it, and even if a fact is indicated individually, it is against many, unspecified or unspecified persons.

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